Appeal No. 2006-2568 Page 2
Application No. 09/744,866
The specification describes a method for isolating cancer cells from a cell-
containing body fluid by passing the fluid through a screen that retains cancer cells.
Page 6, lines 11-15. The method “may be applied to all those cell-containing body
fluids which have cancer cells,” such as bone marrow and blood. Page 12, lines 24-39.
The specification states that screens having a mesh width or pore width in a range of
15 µm to 30 µm are preferred. Page 8, line 37, to page 9, line 2.
The specification states that “body fluids may be directly fed to the screening
process. However, frequently it is advantageous to subject the cell-containing body
fluid to a preliminary work-up first. It is possible, for example, to separate cellular from
non-cellular components.” Page 13, lines 4-9. “In order to be able to be fed to the
screening process, the cell-containing fractions (isolates) isolated beforehand from a
body fluid should be present in the form of suspensions.” Page 13, lines 34-37.
In addition, the specification states that “it is also possible to modify the cancer
cells in the cell suspension prior to the screening process, for example by labeling, by
attaching particles, by triggering aggregation and/or cluster formation using, for
example, suitable antibodies, enzymes, lectins, other ligands and/or receptors or
crosslinking reagents, by fixing and by inducing other defined states.” Page 13,
lines 25-32.
Discussion
1. Claim construction
Claims 24 and 28 are pending and on appeal. Claims 24 and 28 read as follows:
24. A method for isolating disseminated tumor cells from a cell-
containing body fluid, consisting essentially of passing a cell-
containing body fluid or part thereof that comprises a disseminated
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