Appeal No. 1995-2903
Application No. 07/693,055
function as antigens and are useful in immunoassays to detect viral glycoprotein-specific
antibodies.
Discussion
Claims 1-8, 11-23, and 26-30 stand rejected under 35 U.S.C. § 103 as
unpatentable over the combination of Neurath and Larson.
The claims before us are directed to a method of detecting antibodies to a virus
comprising coating an assay surface with a lectin, immobilizing viral glycoprotein on the
lectin-coated surface, incubating a test sample with the immobilized glycoprotein for a time
sufficient for anti-virus antibodies present in the sample to bind to the immobilized
glycoprotein, and adding a marker system to detect the anti-virus antibodies bound to the
glycoprotein. All of the claims on appeal require the use of a lectin coating on the assay
surface for the binding of the glycoprotein.
Neurath discloses a method for detecting antibodies to a virus wherein the
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antibodies present in a sample bind to viral glycoproteins that have been immobilized on
an assay surface which has been previously coated with a binding member which serves
to immobilize the viral glycoprotein. (Answer, pages 5-6). However, Neurath makes use of
2Neurath does not explicitly mention "viral glycoprotein" but refers to "HIV-1 antigen
Penv" which the examiner has interpreted as corresponding to the viral glycoproteins of the
claims. (Answer, page 6). Since appellant has not contested this interpretation, we have
considered Neurath as disclosing the use of a viral glycoprotein as characterized by the
examiner.
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