Ex parte LIGLER et al. - Page 4




          Appeal No. 1995-4188                                                        
          Application 07/860,965                                                      


                                       OPINION                                        
               We have carefully considered all of the arguments                      
          advanced by appellants and the examiner and agree with                      
          appellants that the aforementioned rejections are not well                  
          founded.  Accordingly, we reverse these rejections.                         
               Appellants’ sole independent claim (40) requires that the              
          labeled antigen saturates the antigen-binding sites of the                  
          antibody prior to a sample being introduced into the                        
          immunosensor.                                                               





               Appellants argue that Maggio discloses a competitive flow              
          immunoassay wherein a sample is premixed with a known amount                
          of labeled antigen and then is introduced into a column                     
          wherein any antigen in the sample competes with the labeled                 
          antigen for the available binding sites on the immobilized                  
          antibodies (brief, page 4).  Appellants’ claimed immunosensor,              
          appellants argue, is a displacement flow immunoassay wherein                


          page 1).                                                                    
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