Appeal No. 1999-1423
Application 08/261,639
In view of the above, we find the examiner has failed to established a prima facie
case of obviousness, and the rejection of claims 48, and 50-60 under 35 U.S.C. § 103
over Tzeng and Berry is reversed.
35 U.S.C. § 103
The rejections of claims 48 and 49 under 35 U.S.C. § 103 over Tzeng and Berry
in further view of admissions in the specification; of claims 48 and 57 under 35 U.S.C. §
103 over Tzeng and Berry in further view of Weng; and of claims 48, 59 and 61 under
35 U.S.C. § 103 over Tzeng and Berry in further view of Kondo are also reversed.
All of these additional rejections rely on the primary combination of references,
Tzeng and Berry. The examiner relies on admissions in the specification to establish
that the use of albumin, and variations on it, were known in the art and were readily
available from commercial suppliers. Answer, page 6. Weng is relied on by the
examiner for the disclosure of poly(vinyl) butyrate support material. Id. Kondo is relied
on for the disclosure of the use of a prefilter device in immunoassays. Answer, page 7.
The additional cited references fail to overcome the deficiencies of the primary
combination of Tzeng and Berry and the failure to describe specific glycoproteins
selected from the group consisting of HIV-1 glycoprotein 41 and HIV-2 glycoprotein 36.
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