Appeal 2006-2897
Application 10/074,715
preserved and stabilized for later analysis . . . with an aqueous biological
fluid preserving composition containing a chelating agent and a . . . cell
lysing agent.” Id. at 2, ll. 2-5. The compositions “can also include additives
and adjuvants such as preservatives, antifreeze agents and non-chelating
agents.” Id. They can also include “surfactants, and the like.” Id. at 3, l. 32.
Claims 12-18, 20-22, and 32 stand rejected. Appellants have not
separately argued these claims. See Brief on Appeal (Br.) passim. Thus, the
claims stand or fall together. Independent claim 12 reads:
An aqueous biological fluid preserving composition
suitable for lysing and preserving a blood sample for
hormone analysis, the composition consisting essentially of:
a) about 0.05 to about 0.5 weight percent of a chelating
agent;
b) about 5 to about 25 weight percent of a cell lysing
agent;
c) up to about 0.1 weight percent of a preservative;
d) up to about 50 weight percent of an antifreeze agent;
and
e) the remainder being water;
the composition being capable of preserving thyroid
stimulating hormone present in the blood sample for at least
about three weeks at an ambient temperature of about 22 °C.
The Examiner has rejected all the pending claims under 35 U.S.C.
§ 103(a) based on U.S. Patent Nos. 6,579,688 (Steaffens) and 5,616,460
(Figard).
ISSUES ON APPEAL
Relevant to claim 12, Appellants contend their claimed invention
would not have been obvious in view of Steaffens and Figard because
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