Ex Parte 5073484 et al - Page 2

                Appeal 2007-0725                                                                                
                Reexamination Control 90/006,785                                                                
                Patent 5,073,484                                                                                
                        The patent under reexamination is US patent 5,073,484, issued on 17                     
                December  1991  from  Application  06/467,229,  filed  23 February  1983.                       
                (‘484).2                                                                                        
                        In rejecting claims 22-25 of the patent,3 the Examiner relies upon                      
                the following references:                                                                       
                       (1) Weiss, US patent 3,641,235, issued on 8 February 1972 from                           
                Application 04/772,852, filed 1 November 1969 (Weiss).                                          
                       (2) Deutsch et al., US patent 4,094,647, issued on 13 June 1978                          
                from Application 05/701,762, filed 2 July 1976 (Deutsch).                                       
                       (3) Tom et al., US patent 4,366,241, issued on 28 December 1982                          
                from Application 06/176,177, filed 7 August 1980. (Tom)                                         
                       (Examiner’s Answer (“Answer”) at 3).                                                     
                       The Brief contains an evidence appendix ("App") containing:                              
                       1)   a Declaration from Julian Gordon under 37 CFR 1.132,                                
                       2) Cleeland, US patent 4,018,884, issued on 19 April 1977 from                           
                Application 05/668,180, filed 18 March 1976.  (Cleeland)                                        
                       3) Murachi, Enzyme Immunoassay, 4th ed., (1981), p. 5.                                   
                (Murachi).                                                                                      

                                                                                                               
                2  The application is said to be a continuation-in-part of Application                          
                07/356,459, filed 9 March 1982.                                                                 
                3  The Examiner confirms the patentability of the remaining claims of                           
                the patent, i.e., claims 1-21 and 26.  (Examiner’s Answer (Answer) at 6-7).                     
                While the Patentee states (and the Examiner agrees) that “a decision with                       
                regard to entering new claims 27-29 has not been made” (Br. at 5, Answer at                     
                2), our understanding is that the Examiner has decided to enter these claims                    
                since the Examiner gives reasons why the claims have been found to be                           
                allowable.  (Answer at 7).                                                                      

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