Ex parte MATSON - Page 12




              Appeal No. 1996-3409                                                                                       
              Application No. 08/092,543                                                                                 


              appellant indicates that abnormalities in neurotransmitters and related substances are                     
              related to degenerative, neuropsychiatric and behavioral disorders, and that Liquid                        
              Chromatography with Electrochemical Detection (LCEC) is “a common tool for the                             
              determination of . . . metabolites in biological fluids.”                                                  
                     Seltzer discloses frequency distribution analysis of fingerprint patterns (ulner or                 
              radical loops, arches and whorls) to distinguish between early- and late-onset primary                     
              degenerative dementia.                                                                                     
                     According to the examiner, [i]t would have been obvious to one of ordinary skill in                 
              the art at the time the invention was made to [have] used a frequency distribution as                      
              taught by Seltzer et al. for classification of neurological diseases by the Miyagi et al.                  
              method because one of skill in the art would have recognized that as taught by Seltzer                     
              et al. the frequency distribution would have shown distinct classifiable differences between               
              biological markers of controls and individuals with the disease.  It would have been                       
              obvious to one of ordinary skill in the art to use a conventional method, such as the                      
              electrochemical analysis taught by Applicant and Long et al., for the sample fluid analysis                
              in the process taught by Miyagi et al. so as to produce patterns which are representative of               
              the electrochemical constituents in a body fluid which Applicant admits are known to be                    
              associated with various diseases” and “[i]t would have been                                                




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