Ex parte VIG et al. - Page 4




          Appeal No. 98-0174                                                          
          Application 08/545,162                                                      


          [this is done by sensing an absolute frequency shift in the                 
          oscillating frequency of an antibody-coated oscillator].  Vali              
          utilizes a quartz crystal resonator upon which specific                     
          antibodies are deposited.  The crystal is certainly capable of              
          being excited along two modes simultaneously. Note the use of a             
          fundamental frequency and a higher frequency (column 5, lines 47-           
          50 of Vali) by Vali, which appears to correspond to appellants’             
          alternative mode described from the bottom of page 4 to the top             
          of page 5 of the instant specification.  Also, EerNisse                     
          discloses, at column 2, lines 1-8, the capability of these                  
          crystals to be excited along two modes.  Vali also teaches the              
          measuring of changes in two different frequencies of the                    
          resonator and using a ratio of these changes for detecting a                
          change in mass.                                                             


               Alternatively, the teaching by Vali, at column 5, lines 57-            
          63, of using the ratio of a frequency harmonic to a fundamental             
          frequency for change of mass detection along with the teaching of           
          this ratio being independent of temperature and pressure would              
          appear to have been a strong suggestion to the artisan to so                
          employ the frequencies of EerNisse to calculate change in mass in           
          addition to the force and temperature calculated by EerNisse.               

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