Ex Parte NAKAMURA et al - Page 2


                 Appeal No.  1997-3503                                                                              
                 Application No.  08/172,866                                                                        


                 Claims 29 and 39 are illustrative of the subject matter on appeal and are                          
                 reproduced below:                                                                                  
                       29. An immunoassay method for detecting or identifying an analyte                            
                            contained in a biological sample, comprising the steps of:                              
                             (a)     adding said sample and magnetic particles, said magnetic                      
                       particles being coated with an immunological substance which specifically                    
                       binds to the analyte, to a reaction vessel having an inclined surface for                    
                       collecting the magnetic particles, said inclined surface being an inner                      
                       surface of a bottom wall of the reaction vessel, whereby said magnetic                       
                       particles are reacted with said analyte present in said sample, thereby                      
                       agglomerating the magnetic particles through binding with said analyte;                      
                              (b)    arranging a magnet outside said reaction vessel such that                      
                       magnetic particles which are not agglomerated are caused by the                              
                       magnetic field to be moved along the inclined surface to reach a bottom                      
                       portion thereof, while magnetic particles agglomerated on the inclined                       
                       surface are not moved by the magnetic field, thereby forming a particle                      
                       pattern concentrated at the center of a lower end portion of the reaction                    
                       vessel in the absence of said analyte, and forming a particle pattern                        
                       uniformly spread on the inclined surface in the presence of said analyte;                    
                       and                                                                                          
                              (c)  determining the presence or absence of the analyte on the                        
                       basis of the particle pattern of the magnetic particles formed on the                        
                       inclined surface by the action of the magnetic field.                                        
                        39. An immunoassay method for detecting or identifying an analyte                           
                              contained in a biological sample, comprising the steps of:                            
                              (a)    immobilizing an immunological substance which specifically                     
                                     binds with the analyte, to an inclined surface which is an                     
                                     inner surface of a bottom wall of a reaction vessel;                           
                              (b)    adding said sample and magnetic particles to said reaction                     
                                     vessel, each of said magnetic particles being coated with an                   
                                     immunological substance which specifically binds with said                     
                                     analyte, whereby said analyte contained in said sample                         
                                     binds with said immunological substance which has been                         
                                     immobilized on said inclined surface in said step (a), and                     
                                     said magnetic particles bind with said bound analyte,                          
                                     thereby binding each of said magnetic particles with said                      


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