Appeal No. 94-4081
Application 07/750,031
The nature of the response is one of
replacement. Local charge neutrality (uniform
cation distribution) and competition for
available anion exchange sites cause a
depletion of salicylate [the fluorescing ion]
where the analyte ions reside, producing a
lower fluorescence signal.
Appellants also argue that the reference does not teach the
method of indirect detection combined with the concept of laser
scanning and detection of lack of light intensity (main brief,
pages 19 and 28). As discussed above, Ma does disclose the
method of indirect detection as set forth in the appealed claims,
including detection of lack of light intensity (page 723, left
column, first two full paragraphs, and the above-quoted portion
of the right column). Ma also discloses laser fluorometry (page
723, left column, lines 2-4) and the expectation of improved
detectability with laser-excited fluorescence (page 724, right
column). As admitted by appellants, the “[P]rior art clearly
uses laser scanning to excite fluorescing particles.” (main
brief, page 24, and see also page 37 of the main brief, second
full paragraph). The use of well known laser-excited
fluorescence or scanning in the detection scheme of Ma is clearly
suggested. See In re O’Farrell, 853 F.2d 894, 903-904, 7 USPQ2d
8
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