Appeal No. 2006-1563
Application No. 09/839,778
in the invention (col. 29, lines 31-36).
However, Jackowski does not disclose that the continuation step
includes correlating a rate of reaction between the analyte and the
reactive element to a concentration of the analyte (claims 7 and 12); nor
that the light signal is indicative of a rate of reaction between the analyte
of interest and the reactive element (claims 10 and 11).
The examiner relies on Sawai for the disclosure of a method for the "quantitative
determination of antigens in a sample by evaluating the rate of increase in absorbance
or percent absorption per unit time (col. 11, lines 36-44). This method is a method of
correlating a rate of reaction between the analyte and the reactive element to a
concentration of the analyte, as well as a method wherein the light signal is indicative of
a rate of reaction between the analyte and the reactive element…." Answer, page 6.
The examiner concludes "[i]t would have been obvious to one of ordinary skill in
the art … to utilize the Sawai method as the method of determining the amount of
analyte binding that is generally taught by Jackowski because Sawai teaches that it is a
known method for determining the extent or amount of binding (and Jackowski teaches
that known methods for determining binding may be used.)” Id.
In response, appellants reiterate and add to their original argument, alleging that,
“neither Jackowski nor Sawai teaches or suggests a technique for assaying a sample
for multiple analytes simultaneously.” Brief, page 13. This argument of appellants was
previously addressed with respect to Jackowski, herein. We concluded, based on the
record and claims before us, that Jackowski discloses a technique for assaying a
sample for multiple analytes simultaneously. We find no additional specific statement
with respect to the disclosure of Sawai. While appellants make a general argument
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