Appeal No. 1997-3503
Application No. 08/172,866
THE REJECTIONS UNDER 35 U.S.C. § 103:
The initial burden of presenting a prima facie case of obviousness rests
on the examiner. In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992).
Claims 29, 31 and 35-37:
The examiner argues (Answer, pages 4-5) that ‘061:
[T]each a reagent for detecting an antibody to human
immunodeficiency virus (HIV) by a passive particle agglutination
method…. The carrier particles … include erythrocytes … and
gelatin particles…. Gelatin particles are preferable because they
show little non-specific reaction and the gelatin is easily modified to
add properties necessary for the use of the particles…. [‘061]
differs from the instant invention in that they do not specify the
particular shape of the reaction vessel utilized or that the particles
may be magnetic. …
[‘622] teach a gelatin magnetic particulate that can be used
as a carrier to immobilize biological proteins such as antigens,
antibodies, or enzymes in assays involving antigen-antibody
reactions. The magnetic particulate has the following advantages
when used as a carrier for immobilization of biological protein: 1)
Agglutination time in an antigen antibody reaction can be controlled
by a magnet and 2) Magnetic particulates can be easily separated
or recovered from a suspension thereof by magnetic force,
compared with conventional particulates not containing magnetic
substances….
Sakuma teaches a method of detecting antigen-antibody
reactions by detection of a pattern formed by particles descending
on an inclined bottom surface of a reaction vessel. When there is
an antigen-antibody reaction, particles are agglutinated and are
deposited uniformly on the inclined bottom surface like snow to
form an agglutination pattern. In contrast, when an antigen-
antibody reaction does not occur, the particles are not agglutinated
and roll down along the inclined bottom surface into the lowermost
portion of the reaction vessel to form a non-agglutination pattern.
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