Appeal No. 2001-0499 Page 2
Application No. 08/945,731
(a) providing an adsorption reagent comprising a sol consisting of an aqueous
continuous phase and a discontinuous phase of the particulate support, which
comprises a functionalized, particulate polymer, said polymer being obtained by
polymerization of (1) a first water-soluble monomer of acrylamide or of an acrylamide
derivative, (2) at least one cross-linking agent and (3) at least a second cationic and
water-soluble functional monomer, said polymer having a predetermined lower critical
solubility temperature (LCST) which is between 25 and 450C,
(b) bringing into contact the adsorption reagent with the sample containing the
nucleic material to absorb the nucleic material to the particulate support,
wherein, in said contacting step (b), the reaction medium has:
- an ionic strength at most equal to 10 -2 M,
- a pH at most equal to 7, and
- a temperature less than the LCST of the polymer,
(c) optionally observing that the adsorption has taken place, and
(d) separating the discontinuous phase from the continuous phase.
The references relied upon by the examiner are:
Hoffman et al. (Hoffman) 5,912,032 Mar. 27, 1990
Kausch et al. (Kausch) 5,508,164 Apr. 16, 1996
Kawaguchi et al. (Kawaguchi) 5,122,600 Jun. 16, 1992
Itoh et al. (Itoh) EP 161,881 Nov. 21, 1985
Claims 1 through 3 and 5 through 23 stand rejected under 35 U.S.C. § 103(a).
As evidence of obviousness, the examiner relies upon Itoh, Hoffman, Kausch, and
Kawaguchi.
VACATUR
We begin with the proposition that this board serves as a board of review, not as
a de novo examination tribunal. 35 U.S.C. § 6(b). Review of the examiner’s position in
this appeal is difficult since the examiner has not applied the teachings of the cited prior
art against the requirements of any individual claim on appeal.
At page 4 of the Examiner’s Answer, the examiner refers the reader to Paper No.
10 for a statement of the rejection. Paper No. 10 is an Advisory Action entered on
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