Ex parte GOUMENIOUK et al. - Page 4




                 Appeal No. 96-1355                                                                                                                     
                 Application 07/896,209                                                                                                                 



                                   bringing the peroxide and indicator in the assay medium into contact                                                 
                          with the released myeloperoxidase in that area of the membrane where the                                                      
                          myeloperoxidase is released . . .                                                                                             
                          Free is directed to methods and indicator compositions for “detecting erythrocytes                                            
                 by their hemin content when present in a body fluid also containing leukocytes with their                                              
                 peroxidase content” and for “detecting leukocytes by their peroxidase content when                                                     
                 present in a body fluid also containing erythrocytes with their hemin content.”  The                                                   
                 reference teaches that “various catalytically active substances (substances having                                                     
                 peroxidative activity) can be differentiated under a given set of conditions.”  That is, the                                           
                 peroxidase activity of the leukocytes can be distinguished from the  peroxidative activity of                                          
                 hemin in the erythrocytes, and vice versa, without separation, by “careful adjustment of                                               
                 peroxide concentration, pH and indicator concentration and choice of indicator.”  See                                                  
                 column 1, lines 52-69, and column 3,    lines 1-10.                                                                                    
                          Meiattini discloses “a reagent suitable both for the detection and for the quantitative                                       
                 determination of leukocytes in biological samples through the measurement of                                                           
                 [myeloperoxidase] activity . . . having such a specificity that hemoglobin does not bring                                              
                 about interferences at all even in the presence of several erythrocytes . . .”  See page 3.                                            
                          Fetter separates whole blood into red cell and colorless fractions so that                                                    
                 chromogenic indicators can be used to detect analytes in the colorless fraction without                                                
                 interference from the intensely colored red cells.                                                                                     

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