Appeal 2007-1181
Application 10/513,879
second reagent is contained in the second compartment. (Col.
4, ll. 27-37).
4) In use, hand pressure is applied to the outside of the second
compartment to rupture or break the internal seal at the weakened
portion. The second reagent then flows toward the test pad and is
absorbed through the absorbent top layer of the test pad to
activate the first reagent. The patient then tears open the outer
package on one end to remove the wetted test pad 12 from the
outer package. (Col. 4, ll. 54-62).
ANALYSIS AND CONCLUSIONS
Appellant asserts that the claims stand or fall as a single group. (Br.
6). Therefore, we decide the first ground of rejection on the basis of claim
15 and the second ground of rejection on the basis of claim 16, which
depends from claim 15. 37 C.F.R. § 41.37(c)(1)(vii) (2005).
Claims 14-15
The Examiner found that Guadagno discloses the invention as claimed
in claim 15 with the exception of a teaching that the package is evacuated to
remove air. (Answer 4). The Examiner determined that it would have been
obvious to one of ordinary skill in the art at the time of the invention to
evacuate air in Guadagno’s package upon sealing the layers of the package
together since Guadagno teaches that the package should protect the
reagents held within the package from moisture during storage, and the
removal of air in the package upon formation would remove any moisture
4
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