Appeal 2007-0725
Reexamination Control 90/006,785
Patent 5,073,484
14. Patentee also directs us to portions of Cleeland and Murachi. (Br. at
13).
15. Cleeland states that “[e]xisting procedures for fluorescent labeling of
protein, for example, labeling with fluorescein isothiocyanate (FITC) rely
upon fluorophors with reactive functionalities which will covalently bind to
proteins.” (Cleeland at 1:13-17).
16. Murachi states that “in using an enzyme protein as a label it is
desirable that the enzyme molecule be bound firmly by a covalent bond to an
antigen or antibody that is to be assayed.” (Murachi at 1).
Deutsch
17. Deutsch discloses “test devices and methods for their use in
performing binding assays such as for determining a ligand in … a sample of
a biological fluid.” (Deutsch at 1:7-14).
18. In Deutsch a sample to be tested is dispensed on a sample receiving
portion of a strip. (Deutsch at 3:58-61).
19. The strip is then immersed in “developing fluid” which advances
along the strip. (Deutsch at 3:59-62).
20. When the developing fluid meets the sample, the two are combined
and the developing fluid carries the sample forward. (Deutsch at 3:63-64).
21. At a point thereafter on the strip, the sample is exposed to a reagent for
the material to be detected. (Deutsch at 3:65-4:3).
22. If sample is present, a detectable response occurs. (Deutsch at 4:3-5).
23. The reagent for the material to be detected may be labeled with “any
chemical substance or moiety having a detectable characteristic which is
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