Appeal No. 1996-2842
Application No. 08/164,581
inadequate written description for that aspect of the claimed invention wherein "one of the
first and second reagents comprises two different monoclonal antibodies and the
antibodies in the first reagent and the antibodies in the second reagent consist of three
different monoclonal antibodies reactive with different epitopes on said antigen."
Appellants have requested reconsideration of this rejection in view of that portion of
the specification, appearing at page 8, lines 13-18, which reads:
a test kit for the determination of human placenta lactogenic
hormone (HPL); consisting of a microtitration plate, of which
the walls of the pits are coated with monoclonal antibody A
against HPL; ampoules with a freeze-dried mixture of
antibodies B and C against HPL, marked with the enzyme
peroxidase, . . . .
We would agree that this portion of the specification would reasonably support the
concept of a first and second reagent wherein one of the reagents contains two different
antibodies and the antibodies in the first and second reagents consist of three different
antibodies. Therefore, the rejection of claims 78-88 under 35 U.S.C. § 112, first
paragraph is withdrawn.
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