Ex parte A. SAID EL SHAMI et al. - Page 6

          Appeal No. 93-3369                                                          
          Application 07/344,179                                                      

               In use the device functions in the following manner.  A                
          sample is added to the column.  If there is any analyte in the              
          sample it will displace the “analyte label” from the immobilized            
          antibody when the sample contacts the column support.  The                  
          analyte from the sample will remain bound to the immobilized                
          antibody on the column support and the displaced “analyte label”            
          will move through the discharge point of the column, into the               
          sleeve and onto the sleeve support.  This sleeve support is                 
          designed to absorb the “analyte label” and show its visible color           
          or absorb it and an added compound which will react with the                
          label to produce a visible color.  See the paragraph bridging               
          pages 12 and 13 of the specification.                                       
               Claim 70 from which all the claims ultimately depend sets              
          forth functional language to limit the claim to materials which             
          will result in “analyte label” displacement.  When read in light            
          of the specification, this functional language corresponds to the           
          use of materials as an “analyte label” which will bind to the               
          immobilized antibody with an affinity which is lower than the               
          affinity of the analyte in a sample for the same immobilized                
          antibody.  The specification provides several examples of                   
          measuring the differences in affinity for the antibody and                  
          selecting an “analyte label” with an affinity such that it will             


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