Ex parte A. SAID EL SHAMI et al. - Page 10

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

          diagnostic assays.  See the paragraph bridging columns 2 and 3 of           
          Diekmann and in Graas, see column 4, lines 43-59 and column 9,              
          lines 32-46.  Neither Diekmann nor Graas teach the use of a solid           
          support in the sleeve component of their devices.  The rejection            
          combines these teachings with those of Liotta in a manner similar           
          to the above rejection to find the claimed column and sleeve type           
          diagnostic device to have been obvious.                                     
               We do not agree that the claimed device is unpatentable in             
          view of the combined teachings of any one of Diamond, Diekmann or           
          Graas and the Liotta reference.  The critical structural features           
          of the claimed device are neither taught nor suggested by these             
               The claims at issue are drawn to a device not a method of              
          using a device in a separation or diagnostic method.  The                   
          analysis must focus on the elements of the claimed device.  An              
          argument centered on the extent of similarity between the                   
          mechanism of competitive binding displacement in Liotta’s                   
          antibody/antigen diagnostic system versus chain migration                   
          displacement in Diamond’s DNA hybridization assay is tangential             
          at best to the issue of the obviousness of the claimed device               
          over prior art devices.                                                     


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