Ex parte KARL et al. - Page 2




                   Appeal No. 95-2371                                                                                                                               
                   Application 07/771,097                                                                                                                           



                            Claims 1 and 14 are illustrative of the subject matter on appeal and read as follows:                                                   
                            1.  A method for determining an analyte in a sample solution, said method                                                               
                   comprising:  contacting said sample solution with a receptor in solution which specifically                                                      
                   binds to said analyte to form a precipitate; and quantitatively measuring the amount of                                                          
                   formation of said precipitate by a nephelometric or turbidimetric method as a                                                                    
                   measurement of the amount of said analyte present in said sample solution; said                                                                  
                   contacting of said sample solution with said receptor being in the presence of at least one                                                      
                   non-ionic polymer selected from the group consisting of a polyvinyl pyrrolidine having                                                           
                   molecular weight of at least 360,000 and a polyethylene glycol having a molecular weight                                                         
                   of at least 40,000.                                                                                                                              
                            14.  Reagent useful in determining an analyte via a precipitation reaction,                                                             
                   comprising: a receptor comprising at least one antibody which specifically binds to said                                                         
                   analyte to form a precipitate, and at least one non-ionic polymer selected from the group                                                        
                   consisting of a polyvinyl pyrrolidine having a molecular weight of at least 360,000 and a                                                        
                   polyethylene glycol having a molecular weight of at least 40,000.                                                                                
                            The references relied upon by the examiner are:                                                                                         
                   Cole                                            5,102,788                    Apr.  7, 1992                                                       
                                                                                                (Filed Apr. 28, 1989)                                               
                   Chichibu et al. (Chichibu)                                                                                                                       
                   (Japanese Kokai)                                58-2660                      Jun. 30, 19812                                                      
                   Hellsing, Automated Immunoanalysis, Chapter 3: Enhancing Effects of Nonionic Polymers                                                            
                   on Immunochemical Reactions, pp. 67-112 (1977)                                                                                                   






                            2It appears that the examiner’s consideration of this reference has been limited to                                                     
                   an English language abstract thereof.  We have obtained a full text translation of this                                                          
                   Japanese language document and have based our consideration of the examiner’s                                                                    
                   rejection on the full text translation.                                                                                                          
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