Appeal No. 1997-4132
Application No. 08/263,500
a) a porous material;
b) a mixture of an assay reagent and a carrier matrix, said
mixture comprising gelatin, said assay reagent encapsulated by said carrier
matrix, said mixture being coated on said porous material,
wherein said assay reagent is a specific binding member in an
amount sufficient to perform a single binding assay; and
wherein said carrier matrix is lyophilizable, and
wherein said carrier matrix can be rehydrated upon contact with a
solvent to expose or release said assay reagent from said porous material
for a specific binding reaction.
The reference relied on by the examiner is:
Ito et al. (Ito) 4,966,856 Oct. 30, 1990
Claims 1, 2, 4-10, 12 and 14-20 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Ito. We REVERSE.
In reaching our decision in this appeal we have given careful consideration to the
appellant's specification and claims and to the respective positions articulated by the
appellant and the examiner. We make reference to the examiner's answer (Paper No. 23,
mailed May 28, 1997) for the examiner's reasoning in support of the rejection and to the
appellant's brief (Paper No. 22, filed March 4, 1997) for the appellant's arguments
thereagainst.
According to appellant, "[t]he appeal claims stand or fall together" (brief, p. 3). We
therefore limit our discussion to claim 1. 37 CFR § 1.192(c)(5)(1994).
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