Ex Parte NAKAMURA et al - Page 3


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

                                     inclined surface of said reaction vessel through said analyte                  
                                     and said immunological substance;                                              
                              (c)    arranging a magnet outside said reaction vessel such that                      
                                     magnetic particles which are not agglomerated on the                           
                                     inclined surface 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                                                                   
                              (d)    determining the presence of the 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.                                                                         
                 The references relied upon by the examiner are:                                                    
                 Rosenfield et al. (Rosenfield)           4,328,183           May 4, 1982                           
                 Ikeda et al. (‘813)                     4,416,813           Nov. 22, 1983                         
                 Forrest                                 4,438,068           Mar. 20, 1984                         
                 Ikeda et al. (‘622)                     4,582,622           Apr. 15, 1986                         
                 Sakuma                                 4,661,460           Apr. 28, 1987                         
                 Asakura et al. (Asakura)                 J5 6142-259         Nov. 6, 19812                         
                 Ikeda et al. (‘061)                     EP 0 233 061        Aug. 19, 1987                         










                                                                                                                    
                 2 The examiner relied upon an English language translation of this document.                       

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