Ex Parte Austrup et al - Page 3


             Appeal No. 2006-2568                                                              Page 3                
             Application No. 09/744,866                                                                              

                           tumor cell through a screen having a mesh or pore width of about                          
                           15 to 30 µm to separate non-cancer cells from disseminated tumor                          
                           cells, wherein the disseminated tumor cells are retained on the                           
                           screen wherein the body fluid is selected from the group consisting                       
                           of blood and bone marrow, wherein the disseminated tumor cells                            
                           are not modified prior to screening by labeling, by attaching                             
                           particles, by triggering aggregation, by triggering cluster formation,                    
                           with antibodies, enzymes, lectins, other ligands, other receptors or                      
                           cross linking agents or by fixing.                                                        
                    28. A method for isolating disseminated tumor cells from a cell-                                 
                           containing body fluid, consisting essentially of separating cellular                      
                           components from non-cellular components in a body fluid that                              
                           comprises a disseminated tumor cell to obtain a cell-containing                           
                           fraction; resuspending the cell-containing fraction in a suspension                       
                           medium; and passing the resuspended cell-containing fraction                              
                           through a screen having a mesh or pore width of about 15 to 30 µm                         
                           to separate non-cancer cells from disseminated tumor cells,                               
                           wherein the disseminated tumor cells are retained on the screen,                          
                           and wherein the body fluid is selected from the group consisting of                       
                           blood and bone marrow, wherein the disseminated tumor cells are                           
                           not modified prior to screening by labeling, by attaching particles,                      
                           by triggering aggregation, by triggering cluster formation, with                          
                           antibodies, enzymes, lectins, other ligands, other receptors or cross                     
                           linking agents or by fixing.                                                              
                    Thus, claims 24 and 28 are each directed to a method for isolating disseminated                  
             tumor cells from blood or bone marrow.  The methods of claims 24 and 28 each involve                    
             passing a cell-containing composition through a screen having a mesh or pore width of                   
             about 15 to 30 µm to separate non-cancer cells from disseminated tumor cells, the                       
             disseminated tumor cells being retained on the screen.                                                  
                    Each of claims 24 and 28 also requires that “the disseminated tumor cells are not                
             modified prior to screening by labeling, by attaching particles, by triggering aggregation,             
             by triggering cluster formation, with antibodies, enzymes, lectins, other ligands, other                
             receptors or cross linking agents or by fixing.”  To construe the claims, we give this                  







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