Appeal 2007-1181
Application 10/513,879
Claims 15 and 16 are illustrative of the invention and are reproduced
below:
15. A device for detecting the presence of occult blood in feces, said
device comprising a liquid tight packet that is opened manually, said packet
including a sheet of absorbent material impregnated with a liquid solution
that reacts with feces to produce a color change when blood is present, said
packet being evacuated to remove air therefrom and sealed to prevent the
liquid solution from escaping the packet until opened to use the impregnated
sheet of absorbent material, said packet being essentially impermeable to
light and air.
16. The device of Claim 15 where the liquid solution comprises
guaiac material and hydrogen peroxide.
The Examiner relies on the following prior art references to show
unpatentability:
Guadagno US 4,582,685 Apr. 15, 1986
Waldenburg US 5,840,584 Nov. 24, 1998
The Examiner made the following rejections:
1. Claims 14-15 under 35 U.S.C. § 103 as unpatentable over
Guadagno.
2. Claims 8-12 and 16-17 under 35 U.S.C. § 103 as unpatentable over
Guadagno in view of Waldenburg.
ISSUE
The Examiner contends that the invention as claimed would have been
obvious in view of the applied prior art. Appellant contends that the applied
prior art fails to disclose or suggest the claim limitation of “air evacuation of
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