Ex Parte BOCHES et al - Page 1



                           The opinion in support of the decision being entered today was not written                
                                  for publication and is not binding precedent of the Board.                         

                                                                                  Paper No. 35                       


                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                   
                                                   __________                                                        

                              BEFORE THE BOARD OF PATENT APPEALS                                                     
                                            AND INTERFERENCES                                                        
                                                    __________                                                       
                                                      Ex parte                                                       
                        FRANCEE BOCHES, KATHY F. HILYARD, JAMES MONTICELLO                                           
                                    DENNIS SMITH and RICHARD TIMMONS                                                 
                                                    __________                                                       
                                              Appeal No. 1999-0334                                                   
                                            Application No. 08/150,747                                               
                                                    __________                                                       
                                                     ON BRIEF                                                        
                                                    __________                                                       
             Before WILLIAM F. SMITH, SCHEINER and MILLS, Administrative Patent Judges.                              
             SCHEINER, Administrative Patent Judge.                                                                  
                                              DECISION ON APPEAL                                                     
                    This is an appeal under 35 U.S.C. ' 134 from the final rejection of claims 33                    
             through 35, the only claims remaining in the application.                                               
                    Claims 33 and 34 are representative of the subject matter on appeal and read as                  
             follows:                                                                                                
                    33.  A method to determine an amount of vitamin B12 in a fluid sample, the fluid                 
             sample comprising at least some of the vitamin B12 bound to endogenous intrinsic                        
             factor, the method comprising: treating the fluid sample to free any vitamin B12 in the                 
             sample from the endogenous intrinsic factor and to destroy the endogenous intrinsic                     
             factor=s binding ability; combining the following with an amount of an immobilized                      
             primary antibody which specifically binds exogenous intrinsic factor: (a) an amount of                  
             exogenous intrinsic factor, (b) the treated fluid sample and (c) an amount of labeled                   





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