Ex parte LACKIE - Page 2




                 Appeal No. 1996-3504                                                                                                                   
                 Application No. 08/265,648                                                                                                             


                 25 through 27 subsequent to this appeal.   See Answer, pages 1          1                                                              
                 and 3.                                                                                                                                 
                          Claims 1 and 5 are representative of the subject matter                                                                       
                 on appeal and read as follows:                                                                                                         
                 1.                An apparatus comprising, in combination:                                                                             
                          light-transparent conduit means for allowing fluid flow                                                                       
                 of a fluid sample therethrough;                                                                                                        
                 and                                                                                                                                    
                          a porous mass of light-transparent material disposed in                                                                       
                 said conduit means, the porosity of said mass being selected                                                                           
                 to permit fluid flow of said fluid flow of said fluid sample                                                                           
                 therethrough, said mass having immobilized thereon at least a                                                                          
                 moiety of a ligand/conjugate complex, said mass being arranged                                                                         
                 and constructed such that said at least a moiety is localized                                                                          
                 within only a portion of said conduit means; and                                                                                       
                          measuring means positioned relative to said portion of                                                                        
                 said conduit means so that said measuring means quantitatively                                                                         
                 measures an amount of radiation emanating from within said                                                                             
                 portion of said conduit means.                                                                                                         
                 5.                An apparatus comprising, in combination:                                                                             
                          focusing optical lens means; and                                                                                              



                          1At page 3 of the Answer, the examiner inadvertently                                                                          
                 states that “[t]he rejection of claims 21-27 has been                                                                                  
                 withdrawn.”  As is apparent from the Amendment dated August 7,                                                                         
                 1995, Paper No. 12, claim 24 was canceled.  We find, however,                                                                          
                 that the examiner has correctly withdrawn the rejection of 21-                                                                         
                 23 and 25-27 at page 1 of the Answer.                                                                                                  
                                                                           2                                                                            





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