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for publication and is not binding precedent of the Board.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. 33
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte THOMAS T. HUBSCHER and
ERIK P. LILLEHOJ
__________
Appeal No. 2001-2410
Application No. 08/914,700
__________
ON BRIEF
__________
Before WILLIAM F. SMITH, SCHEINER, and GRIMES, Administrative Patent
Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s
final rejection of claims 1-21, all of the claims remaining. Claim 1 is representative
and reads as follows:
1. A method for the quantitative or qualitative detection of an analyte in
a liquid biological specimen comprising the steps of:
(a) forming a test sample by adding to a biological specimen, (i)
a binding substrate in a liquid phase selected from the group
consisting of a ligand and an antiligand which specifically
binds the analyte, and (ii) a detector substance in a liquid
phase selected from the group consisting of a colloidal metal
labeled ligand and a colloidal metal labeled antiligand, to form
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