Ex Parte LIGLER et al - Page 2


                 Appeal No.  1999-1384                                                                                 
                 Application No.  08/583,912                                                                           

                        Claims 1, 9 and 25 are illustrative of the subject matter on appeal and are                    
                 reproduced below:                                                                                     
                        1. A quantitative assay method for detecting a target analyte, comprising                      
                            the steps of:                                                                              
                               providing a porous membrane having binding elements immobilized                         
                            thereon, each of said binding elements having at least one binding site                    
                            capable of specifically binding to said target analyte;                                    
                               exposing said binding sites to a labelled analog of the target                          
                            analyte to form complexes of membrane-immobilized binding elements                         
                            and labelled analogs;                                                                      
                               pumping a first aqueous liquid sample, suspected of containing the                      
                            target analyte, so as to flow said first liquid sample normal to and                       
                            through said membrane having said complexes thereon, at a flow rate                        
                            allowing the target analyte to displace the labelled analog from the                       
                            complexes under non-equilibrium conditions to form downstream of                           
                            said membrane a flowable liquid effluent including said displaced                          
                            labelled analog, said flow rate also providing an interaction time                         
                            between said analyte and said membrane of about 0.1 sec through                            
                            about 30 sec;                                                                              
                               interrogating said flowable liquid effluent to detect and                               
                            quantitatively determine the amount of the displaced labelled analog,                      
                            the amount of said displaced labelled analog being proportional to the                     
                            concentration of said target analyte in said first sample.                                 
                        9. A device for the assay of an aqueous sample suspected of containing                         
                            a target analyte, comprising;                                                              
                               a porous membrane having binding elements immobilized thereon,                          
                            each of said binding elements having at least one binding site capable                     
                            of specifically binding to said target analyte, essentially all of said                    
                            binding sites on said membrane being occupied by a labelled analog                         
                            of the target analyte to form complexes of membrane-immobilized                            
                            binding elements and labelled analogs;                                                     
                               a pump for flowing an aqueous liquid sample, suspected of                               
                            containing the target analyte, normal to and through said membrane                         
                            having said complexes thereon, at a flow rate allowing the target                          
                            analyte to displace the labelled analog from the complexes under non-                      
                            equilibrium conditions to form downstream of said membrane a                               
                            flowable liquid effluent including said displaced labelled analog, said                    
                            flow rate also providing an interaction time between said analyte and                      
                            said membrane of about 0.1 sec through about 30 sec; and                                   
                               a detector that interrogates said flowable liquid effluent and the                      
                            presence of said labelled analog therein.                                                  



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