Appeal 2006-3206
Application 09/550,276
United States patent number for Izumi in the Supplemental Answer mailed
May 22, 2006 (Supplemental Answer 3 and 7).
The record shows that Appellant submitted a substituted specification
and abstract with the amendment filed August 12, 2002, making certain
statements with respect to 37 C.F.R. § 1.125 (2002) at page 6. The status of
this document is not apparent on the record. In the final action mailed
November 12, 2002, the Examiner stated “[t]he Office acknowledges receipt
of the substituted specification” at page 2, which statement does not indicate
whether the substitute specification complied with said rule and MPEP
§ 1211 (8th ed., August 2001) and has been entered in the record. Indeed,
the Examiner has not stated that the document is entered (no markings to
that effect are on the document) and refers to the original specification with
respect to “Surmodics, Inc.” (Supplemental Answer 3 and 9).
We copy appealed independent claims 1 and 10 and representative
dependent claims 11, 21, and 24 as they appear in the Claims Appendix to
the Brief:
1. A cytometer apparatus comprising:
a rotating means adapted to receive and rotate a transparent cylinder
along a longitudinal axis of the transparent cylinder;
a light source for illuminating at least a portion of said transparent
cylinder while the transparent cylinder is being rotated by the rotating
means;
a detector for detecting a light signal provided by said light source and
reflected from said transparent cylinder while the transparent cylinder is
being rotated by the rotating means;
determining means for determining at least one cytometric
characteristic of a sample disposed in said transparent cylinder based on
said light signal; and
2
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