ENGVALL et al. V. DAVID et al. - Page 23




                   the solution.  Engvall Application 06/539,754, specification, p. 2, lines 16-27.  Published literature                                              
                   and patents are referred to as describing specific techniques of separation.   Engvall Application                                                  
                   06/539,754, specification, p. 2, line 27 to p. 3, line 18.  Labeling of antibody and antigen is stated to                                           
                   be well known and techniques of labeling are said to be generally known.   Engvall Application                                                      
                   06/539,754, specification, p. 3, lines 19-28.  According to the specification "assay methods involving                                              
                   biospecific affinity reactions may be grouped into two types of methods, viz, competitive methods                                                   
                   and 'sandwich' methods."  Engvall Application 06/539,754, specification, p. 4, lines 1-3.                                                           
                             Sandwich assays are described as involving a first reactant bound to a carrier.  According to                                             
                   Engvall’s specification, the bound reactant is placed into a sample containing a second reactant to be                                              
                   determined.  The bound reactant complexes with the second reactant.  The second reactant is then                                                    
                   reacted with a labeled immunochemical counterpart forming a sandwich.  Engvall Application                                                          
                   06/539,754, specification, p. 4, lines 8-12.  Engvall notes some benefits and problems of sandwich                                                  
                   assays with reference to the importance of specificity of the antibodies used:                                                                      
                                                 When determining an antigen in a sample a sandwich type method is                                                     
                                                 often preferred since such a method does not require the use of                                                       
                                                 labeled  antigen  which  in  certain  cases  is  difficult  to  procure.                                              
                                                 However, the sandwich assay places particularly stringent                                                             
                                                 requirements on the specificity of the antibody used and an assay                                                     
                                                 procedure with multiple incubation and washing steps is usually                                                       
                                                 required.  [Emphasis added.]                                                                                          
                   Engvall Application 06/539,754, specification, p. 4, lines 13-19.                                                                                   
                             Engvall describes her invention as an improvement over these conventional sandwich assay                                                  
                   methods.  According to the express statements in the specification, the improvement resides in the                                                  
                   use of monoclonal antibodies which react with sterically spaced determinants on the antigen.  Thus,                                                 
                   the specification states:                                                                                                                           
                                                 According to the present invention an improved sandwich assay                                                         
                                                 method  of  the  type  set  forth  in  the  introductory  part  above  is                                             
                                                 provided, which method is characterized in using as antibody (II) and                                                 
                                                 antibody (III) in said determination antibodies which are monoclonal                                                  
                                                 and react with sterically spaced determinants of the antigen (I).                                                     
                                                 [Emphasis added.]                                                                                                     
                   Engvall Application 06/539,754, specification, p. 4, lines 13-19.  In identifying the improvement over                                              
                   conventional sandwich assays affinity is not mentioned.  The use of monoclonals is said to provide                                                  

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