Appeal No. 2001-1412 Paper No. 29
Application No. 08/629,177 Page 5
layer 5. A second reagent set B of discrete rows 21, 23, 25, 27 of peroxidase-labeled
antibody <TSH>!POD (labelled analyte specific component) is applied on top of the
insulating layer 5 in the alternating “valleys” of the carrier layer 2. [See Fig. 3; c. 2, l. 56 - c.
3, l. 26; c. 4, l. 46 - c. 5, l. 1; Example 1; c. 8, ll. 34-44.] Deeg further describes both
enzymes and fluorescent markers as conventional labels in immunoassays (c. 6, ll. 26-29)
and the use of protective and/or blocking layers of protein and sugar or protein to ensure
storage stability of an immobilized binding partner, to prevent nonspecific binding of a
mobilizable binding partner to the carrier layer 2 and to improve solubilization of a
mobilizable binding partner (c. 6, ll. 12-37). Deeg still further describes the
microcompartmentalization of the reagents made possible by ink-jet technology as
permitting very short diffusion distances between reagents, relatively short reaction times,
thorough mixing of the reagents without additional measures, and use of very small
amounts of sample and reagent (c. 4, ll. 6-14; c. 7, ll. 36-39).
Rutner describes coating a substrate, preferably a polystyrene plastic test tube, with
a labeled form of ligand, a receptor for the ligand and an ionic salt solution (c. 3, ll. 8-27);
incubating, e.g., overnight or for 16 to 72 hours; aspirating; and drying in vacuo (Exs. 1-4).
Rutner further describes radioisotopes, enzymes, and fluorescent materials as well known
labels in the ligand-receptor art (c. 2, ll. 19-30).
According to the examiner,
[i]t would have been obvious to one of ordinary skill in the art at the
time the invention was made that all of the assay components in the method
of Deeg et al could be dried in the test wells prior to adding sample and that
labels which would only require the addition of sample containing ligand for
detection could be used, i.e., fluorescent markers,
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