Ex parte A. SAID EL SHAMI et al. - Page 12

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

          that one of ordinary skill in the art would consider them obvious           
          alternatives for the devices taught by the prior art.  Diamond              
          makes no mention of a solid support for detection of the labeled            
          polynucleotide either inside the microfuge collection tube or               
          outside of the microfuge tube.  With regard to Diekmann and                 
          Graas, not only do they not mention a solid support in the                  
          sleeve, their centrifugation sleeve tubes seem to be a                      
          particularly unlikely place for the addition of a solid support.            
               The rejections rely on Liotta to further provide the                   
          teaching of a second solid phase support for the sleeve of a                
          diagnostic apparatus.  Liotta teaches a dry, layered test strip             
          and its advantages.  See the paragraph bridging columns 1 and 2             
          of Liotta.  The Examiner has failed to present any reason why one           
          of ordinary skill in the art would separate the juxtaposed layers           
          of Liotta’s test strip into separate microfuge tubes or separate            
          centrifugation tubes used by Diamond, or Diekmann and Graas,                
          respectively, to arrive at the claimed device.  The function of             
          the Liotta device is to provide a one-step, one piece, device               
          usable for both contact of test materials with sample and                   
          positive or negative result detection.  Separation of the                   
          reaction layers from the colorimetric detection layer is not                
          contemplated and it would defeat the simplification they were               


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