Appeal No. 93-3369
Application 07/344,179
separation of a molecule of interest. The labeling allowed for
identification of a positive result, i.e., the molecule of
interest was present in a sample. See the specification at pages
1-8.
Devices known in the prior art range in design from paper
test strips to packed columns. Many of these devices are
designed to separate a reaction region from a test display
region. This is particularly true for devices that involve
radioactive and colorimetric chemical labels.
The claimed diagnostic device at issue in this application
is limited as to its structural features, that is a column with
an effluent discharge point which fits into a sleeve, each of
which column and sleeve contains a solid phase support, e.g.
microparticles. The claimed device is also limited to
antibody/analyte test materials contained in the solid phase
supports. The two microparticulate supports of the claimed
device provide a separate reaction region, i.e. the column, and
a test display region, i.e. the bottom of the sleeve. See Figure
1 of the application. The issue is whether the particular
claimed device would have been obvious to a person of ordinary
skill in the art at the time of the invention.
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