Appeal No. 1995-2903
Application No. 07/693,055
the method of detecting anti-viral glycoprotein antibodies as disclosed by
NEURATH . . . .
We have carefully considered the evidence and discussion in support of the
rejection presented by the examiner. The examiner has determined that the ability of lectin
to bind viral glycoprotein, as described by Larson, is sufficient to equate it to the
antibodies similarly used by Neurath. In our opinion, commonality of this single
characteristic is insufficient to establish that lectin and the binding antibodies of Neurath
are equivalent or interchangeable in an immunoassay method as claimed. The examiner
has provided no evidence to demonstrate that lectin and the antibodies of Neurath would
have been recognized, by those of ordinary skill in this art, as equivalent for any purpose
and particularly as a binding material on an assay surface for use in an immunoassay.
As motivation the examiner states that the substitution of lectin for the binding
antibody of Neurath (Answer, page 10):
. . . would afford the artisan a readily available means whereby a generic
binding agent that is immobilized or coated on to a solid support or assay
surface is used to immobilizing viral glycoproteins thereon. Additionally, it is
noted that by using a lectin coated support instead of an antibody-coated
support, one need not develop a new specific binding member when one
wishes to immobilize the viral glycoproteins from a variety of viruses.
Accordingly, this reduction in the variety of starting materials would readily
translate into a less expensive assay, thereby providing commercial
incentives for the combination of the prior art of record.
We have no doubt that Neurath could be modified in the manner described by the
examiner and would result in the advantages described. However, we find no suggestion
to do so other than appellant's specification. (Note the Specification page 4, lines 6-14
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