Ex parte AGNELLO - Page 3




                 Appeal No. 95-4481                                                                                                                     
                 Application No. 07/911,667                                                                                                             



                          incubating the captured IgG with synthetic double-stranded DNA tagged with a                                                  
                 moiety from which a signal proportional to the quantity of said synthetic double-stranded                                              
                 DNA can be elicited;                                                                                                                   
                          eliciting said signal; and                                                                                                    
                          quantifying the amount of antibody to double-stranded DNA in accordance with the                                              
                 elicited signal.                                                                                                                       
                          3.  A method as defined in claim 2 wherein said                                                                               
                          captured IgG is incubated with synthetic double-stranded DNA tagged with alkaline                                             
                 phosphatase, and said elicited signal is proportional to the quantity of alkaline                                                      
                 phosphatase tagging said synthetic double-stranded DNA.                                                                                

                          The references relied on by the examiner are:                                                                                 
                 Litman et al. (Litman)                                4,391,904                           July 5, 1983                                 
                 Denise Pollard-Knight (Pollard-Knight), "Current Methods In Nonradioactive Nucleic Acid                                                
                 Labeling and Detection," 2 Technique-A Journal of Methods in Cell and Molecular Biology,                                               
                 no. 3, 112-132 (June 1990).                                                                                                            
                 Richard M. Pope, et al. (Pope), "IgG Rheumatoid Factor: Analysis of Various Species of                                                 
                 IgG for Detection by Radioimmunoassay," 97 Journal of Methods. no.6, 842-853 (1981).                                                   
                 Woodruff Emlen, et al. (Emlen), "A New ELISA for the Detection of Double-Stranded DNA                                                  
                 Antibodies," 132 Journal of Immunological Methods, 91-101 (1990).                                                                      

                          Claims 1 and 2 stand rejected under 35 U.S.C. § 103 as unpatentable over Litman                                               
                 in view of Pope and Emlen and claims 3 through 7 stand rejected under 35 U.S.C. § 103                                                  
                 as unpatentable over Litman in view of Pope and Emlen and further in view of Pollard-                                                  


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