Ex parte A. SAID EL SHAMI et al. - Page 9




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


               of the column in the microfuge tube opening in order to                
               collect the eluate.                                                    
               Diamond does not teach the use of antibodies and analytes              
          and does not use a second solid phase support to absorb the                 
          removed labeled polynucleotide.  Liotta is relied upon to supply            
          these elements.  The device of Liotta involves antibodies and               
          analytes.  In Liotta the analytes are referred to as antigens.              
          The layered device of Liotta has two reaction zones on the same             
          solid support, the latter of which provides means for detecting a           
          labeled antibody or labeled antigen via a visible color.                    
               The Examiner concludes that it would have been obvious to a            
          person having ordinary skill in the art at the time of the                  
          invention to substitute the bound antibody-labeled antigen                  
          complex of Liotta for the polynucleotide complex of Diamond in              
          the bead-packed column of Diamond, because the separations                  
          involved are analogous, and to provide a second solid support.              
          For a more detailed discussion, we make reference to pages 4 and            
          5 of the Examiner’s Answer.                                                 
               The two additional rejections are similar in that both                 
          Diekmann and Graas disclose devices designed for use in                     
          centrifugation which are of a column and sleeve type assembly,              
          with a reaction taking place on a solid support in the column.              
          Each of these references provides a generic reference to use in             
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