ENGVALL et al. V. DAVID et al. - Page 5




                                          the improvement comprising employing monoclonal antibodies having                                      
                                  an affinity for the antigenic substance of at least about 10  liters/mole for each8                                                
                                  of  said  labeled  antibody  and  said  antibody  bound  to  a  solid  carrier.                                
                                  [Emphasis added.]                                                                                              
                                                          8                           8             3                                           
                         We interpret the limitation “10  liters/mole” to mean 1x10  liters/mole.    The phrase “at least”                       
                 indicates that the stated value for the affinity constant is a minimum value.  The effect of the word                           
                 “about” is to broaden the count to encompass values of the affinity constant somewhat lower than                                
                      8                                                                                                                          
                 1x10  liters/mole.                                                                                                              
                         Prior to the invention of the subject matter of the count, immunometric or sandwich assays                              
                 used polyclonal antibodies.  The improvement recited in the count resides partially in the substitution                         
                 of monoclonal antibodies for polyclonals.  It also resides in the use of ?monoclonal antibodies having                          
                 an affinity for the antigenic substance of at least about 10  liters/mole for each of said labeled antibody8                                                                  
                 and said antibody bound to a solid carrier.”  Thus, the count does not encompass the use of all                                 
                 monoclonal antibodies and their respective antigens.  It is limited to the subgenus of monoclonals and                          
                 antigens having an affinity constant beginning at about 1 x 10  liters/mole and ranging up to infinity.8                                                            
                 In other words “about 10  liters per mole” sets the minimum of the affinity  range.8                                                                                                   
                         Engvall’s claims 1 to 45 and David’s claims 1 to 29 correspond to the sole count of this                                
                 interference.                                                                                                                   
















                         3                                                                                                                       
                                  To interpret this limitation any other way would render the limitation meaningless.  In scientific             
                               8                                 7          9                                                               
                 notation 5 X 10  may also be properly written as 50 X 10  or 0.5 X 10 .                                                         
                                                                       2                                                                         





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