Ex parte A. SAID EL SHAMI et al. - Page 14

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

               In addition, the claim limitations with respect to the                 
          complex contained on the column support are neither exhibited nor           
          suggested by the cited references.   Claim 70, and thus all of              
          the claims require as the third element:                                    
               a specific antibody binder covalently immobilized on                   
               said first solid phase support to which an analyte                     
               label is pre-reacted to saturate substantially all                     
               binding sites on said binder to form a first solid                     
               phase specific antibody binder-analyte label complex                   
               Diamond is not drawn to antibody-analyte complexes.  To the            
          extent that any analogy could be drawn, “substantially all of the           
          binding sites” of the target DNA of Diamond are not saturated.              
          Referring to Figures 1A and 1B of Diamond one can see this                  
          aspect.  The rejection suggests that the TBR (target binding                
          region) of the immobilized probe (P) of Diamond is analogous to             
          the antibody, and the labeled polynucleotide (L) is analogous to            
          the “analyte label.”  However, saturation of all of the binding             
          sites of the TBR does not take place in Diamond.  In fact                   
          saturation of all of the “binding sites” of the probe would                 
          disable the DNA hybridization required by Diamond.  The IBR                 
          (initial binding region) of the TBR is not bound to any DNA prior           
          to the addition of the sample of DNA, while the LBR (label                  
          binding region) is bound to the labeled polynucleotide (L).  See            
          Figure 1A of Diamond.  The “binding sites” of the IBR must remain           

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