The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte TENLIN S. TSAI, and
RENLIANG XU
__________
Appeal No. 2007-0056
Application No. 09/906,511
__________
ON BRIEF
__________
Before SCHEINER, ADAMS, and GREEN, Administrative Patent Judges.
ADAMS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the
examiner’s final rejection of claims 1-6 and 8-14, which are all the claims pending
in the application.
Claims 1, 3 and 8 are illustrative of the subject matter on appeal and are
reproduced below:
1. A method for determining the concentration of an analyte in a sample,
comprising:
a) mixing a sample comprising an unknown concentration of
said analyte with a known amount of sensitized particles
in an assay medium to form a first reaction mixture,
wherein said sensitized particles comprise carrier particles
having immobilized thereon a binding partner for said
analyte or mixing a sample comprising an unknown
concentration of said analyte with a known concentration
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