Appeal No. 2006-2198 Page 2
Application No. 10/074,499
The specification discloses a “biosensor device which uses a fluid mobile
electrically conductive polymer bound to . . . a capture reagent (such as an antibody)
which captures an analyte in a fluid sample and then migrates to a capture zone where
the complexed analyte is captured by another capture reagent (such as a monoclonal or
polyclonal antibody) bound to . . . a substrate. The conductance or resistance is then
measured.” Page 1.
Discussion
1. Claim construction
Claims 1-3, 7-10, 14-16, 18, 19, 21, 22, 24, and 26 are pending and on appeal.
The claims subject to each rejection will stand or fall together, because Appellants have
not argued them separately. See 37 CFR § 41.37(c)(1)(vii). We will focus on claims 1
and 22, which are representative of the claims subject to each rejection. Claims 1 and
22 read as follows:
1. A biosensor device which comprises:
a strip of a substrate having at least two zones wherein a
(1) first of the zones contains a first capture reagent bound to the
substrate in a defined area between electrodes on different sides of the
defined area for providing an electrical bias to the defined area; and
(2) a second of the zones containing a fluid transfer medium for supplying
a fluid to the first zone, wherein the second zone comprises a second
defined area containing a second capture reagent bound to an electrically
conductive polymer in absence of electrically conductive metal particles,
wherein when a fluid sample containing an analyte is bound by the second
capture reagent to form a complex, the complex migrates to the first zone
in the medium and the analyte is bound by the first capture reagent
thereby altering a conductivity or resistance of the defined area in the first
zone as measured between the electrodes to detect the analyte.
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