Appeal No. 1997-0838
Application 08/235,238
Claims 1 and 10 are representative and read as follows:
Claim 1. A process for the determination of LDH in a sample selected from the
1
group consisting of human serum and human plasma, which comprises inhibiting LDH ,
2
LDH , LDH , and LDH in the sample with "-chymotrypsin in the presence of a protein-3 4 5
denaturating agent and then determining LDH remaining uninhibited, wherein the LDH1 1
remaining uninhibited is determined according to a total LDH isozyme assay which
comprises catalytically developing a chromogen or dye precursor with the LDH isozyme
remaining uninhibited and then measuring absorption in a visible light range or comprises
measuring ultraviolet absorption of coenzyme NADH reduced by catalytic effect of the LDH
isozyme remaining uninhibited.
Claim 10. The process of claim 1 wherein the inhibiting of LDH , LDH , LDH and 2 3 4
LDH is carried out while preserving more than 50% of LDH activity.5 1
The references relied on by the examiner are:
Sanford 4,250,255 Feb. 10, 1981
Derwent Abstract (Iatron) J6 2278-977-A Mar. 12, 1987
+
Selmeci et al. (Selmeci), “The Effect of NADH and NAD on the Proteolysis of Lactate
Dehydrogenase Isozymes by Trypsin,” Experimentia, Vol. 27, No. 8, pp. 888-89 (August
15, 1971).
The claims stand rejected as follows:2
I. Claims 1, 4 through 6, 10, 11, 13, 15 and 16 under 35 U.S.C. § 103. As
evidence of obviousness, the examiner relies on Iatron, Selmeci and Sanford.
II. Claims 10 and 11 under 35 U.S.C. § 112, first paragraph, as based on a non-
enabling disclosure.
III. Claims 10 and 11 under 35 U.S.C. § 112, first paragraph, as lacking adequate
support in the specification as filed, i.e., as lacking an adequate written description
DISCUSSION
2There are two objections to the specification associated with Rejections II and III
(set forth on pages 3 and 4 of the Examiner’s Answer). We do not reach these objections,
as they are petitionable, rather than appealable, matters.
2
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