Ex parte A. SAID EL SHAMI et al. - Page 13

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

          striving for in Liotta.  The Examiner provides no reason why such           
          a separation would be undertaken by one of ordinary skill in the            
               With respect to the claim requirement that the column have a           
          discharge point which is proximate to the solid support contained           
          in the sleeve, we note that the hybridization procedure taught by           
          Diamond involves an incubation time of between 15 minutes and               
          2 hours for the test material and the DNA in the sample to                  
          complete the reaction.  See column 14, lines 30-43 of Diamond.  A           
          device with an open discharge end as claimed herein would not be            
          conducive to such reaction times.  The separations mentioned by             
          Diamond at column 14, lines 53-63 do not use a flow-through                 
          column with both a discharge end and an open end as required by             
          the claims at issue.  Diamond also contemplates determining                 
          displaced labeled polynucleotide without any separation of the              
          solid and liquid phases.  See column 15, lines 13-36 of Diamond.            
          The evidence presented to date does not establish the obviousness           
          of this difference in tube design between the claimed device and            
          the reaction tube of Diamond.  We note that the devices taught by           
          Diekmann and Graas have such discharge points in the columns but            
          such are not proximate to a solid support, which provision has              
          been discussed, supra.                                                      


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