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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