Ex parte A. SAID EL SHAMI et al. - Page 7




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


          be displaced from the antibody by analyte in a sample but will              
          remain bound to the antibody in the absence of analyte in the               
          sample.  Pages                                                              
          14-17 of the specification set forth reaction and affinity                  
          constant equations that are required for selecting an “analyte              
          label” molecule such that displacement of “analyte label” by any            
          analyte that is in a sample will occur.  See the examples of                
          “analyte label” selection on pages 19-33 of the specification.              
                                     Discussion                                       
               The Examiner presents three rejections under 35 U.S.C.                 
           103, each of which involves the teachings of Liotta.  The three           
          references, Diamond, Diekmann and Graas, are each used in                   
          combination with Liotta, each one being set forth in a separate             
          rejection.  Liotta teaches a test strip and its use in                      
          antibody/antigen screening assays.  The test strip contains a               
          reaction zone and a display zone for indicating the presence of a           
          labeled molecule.                                                           
               The first rejection is premised on the following:  Diamond             
          teaches a DNA hybridization assay involving DNA probe materials             
          that have been immobilized on a solid support with a labeled                
          polynucleotide bound to the DNA probe material.  The labeled                
          polynucleotide is removed upon hybridization between the DNA                

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