Ex Parte KRUTZIK - Page 2




              Appeal No. 1999-1423                                                                                      
              Application 08/261,639                                                                                    



                     Claim 48 is illustrative of the claims on appeal and read as follows:                              
                     48.    A device for detecting the presence or amount of HIV-1 or HIV-2 antibody                    
              in a biological sample, comprising:                                                                       
                     a sample absorber pad for application of said sample;                                              
                     a first matrix, said first matrix being in fluid communication with said sample                    
              absorber pad, said first matrix being impregnated with a first glycoprotein covalently                    
              linked to bovine serum albumin, said first glycoprotein being selected from the group                     
              consisting of HIV-1 glycoprotein 41 and HIV-2 glycoprotein 36, said glycoprotein                          
              covalently linked to bovine serum albumin being conjugated to gold particles having a                     
              diameter of between about 5 nm and about 50 nm; and                                                       
                     a second matrix in fluid communication with the first matrix, said second matrix                   
              having immobilized thereon a point spatially separated from the first matrix a second                     
              glycoprotein covalently linked to bovine serum albumin, said second glycoprotein being                    
              HIV-1 glycoprotein 41 when said first glycoprotein is HIV-1 glycoprotein 41 and being                     
              HIV-2 glycoprotein 36 when said first glycoprotein is HIV-2 glycoprotein 36, said second                  
              glycoprotein being immobilized on the second matrix;                                                      
                     wherein said first glycoprotein is capable of moving from the first matrix to the                  
              second matrix and to said point spatially separated from the first matrix after application               
              of the sample to the first zone.                                                                          

              The prior art references relied upon by the examiner are:                                                 
              Kondo et al. (Kondo)               4,256,693                          Mar. 17, 1981                       
              Weng et al. (Weng)                 4,740,468                          Apr. 26, 1988                       
              Tzeng et al (Tzeng)                WO 92/22797                        Dec. 23, 1992                       
              Berry et al. (Berry), “A comparison of four enzyme immunoassays for the simultaneous                      
              detection of HIV-1- and HIV-2-specific antibody, Journal of Virological Methods, Vol. 34,                 
              pp. 91-100 (1991)                                                                                         


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