Appeal No. 1997-2388
Application No. 08/326,304
OPINION
1. Rejection of claims 1, 4, and 8 under 35 U.S.C. § 103 over Ebersole
Ebersole discloses forming a labeled immune complex comprising analyte, e.g., a
viral antigen, and enzyme-labeled antibody either (a) in solution by preincubating analyte
with enzyme-labeled antibody, followed by collection on a support by filtration, or (b)
directly on the support through immunochemical or nonimmunochemical capture of the
analyte on the support, followed by reaction with enzyme-labeled antibody (page 8, lines 1-
4 and 13-29; page 9, lines 8-23; page 21, lines 22-25). The support-bound enzyme label
is contacted with an enzyme substrate(s) to produce a measurable, i.e., colored, product
which is concentrated on the support and is indicative of the presence and amount of
analyte (page 7, lines 32-36; page 8, lines 5-12). A porous or microporous support is
preferred, although a variety of materials and physical forms can be used (paragraph
bridging pages 10-11; page 11, lines 28-35). Anti-analyte antibodies or lectins are
attached to the support to specifically capture, i.e., bind, analyte (page 14, lines 21-34);
while nonimmunochemical capture occurs through physical forces, e.g., hydrogen bonding,
van der Waals forces, and hydrophobic or ionic interactions, or can be mediated by non-
specifically binding lectins on the support
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