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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