Appeal No. 1997-3503
Application No. 08/172,866
Appellants do not separately argue this rejection. It appears that
appellants’ rely on their previous arguments regarding the teachings of the prior
art. Therefore, for the reasons discussed supra we find no error in the
examiner’s rejection. Accordingly, we affirm the examiner’s rejection of claims
43, 44, 52 and 53 under 35 U.S.C. § 103 over ‘061, ‘622, Sakuma and
Rosenfield further in view of Forrest.
Claim 49:
The examiner argues (Answer, page 9) that ‘061, ‘622, Sakuma and
Rosenfield13 “differ from the instant invention in that they do not specify that the
particles can be colored.” To make up for this deficiency, the examiner applies
‘813. According to the examiner (Answer, bridging paragraph, pages 9-10):
It would have been obvious for one of ordinary skill in the art to
color the particles of the assay of the references as in Ikeda et al.
(‘813) since it is well known that colored particles are more easily
detected in a particle agglutination immunoassay, and Ikeda et al.
(‘061) specifically suggest utilizing gelatin particles such as those of
Ikeda et al. (‘813) which can easily be colored as demonstrated.
Appellants do not separately argue this rejection. It appears that
appellants’ rely on their previous arguments regarding the teachings of the prior
art. Therefore, for the reasons discussed supra we find no error in the
examiner’s rejection. Accordingly, we affirm the examiner’s rejection of claim 49
under 35 U.S.C. § 103 over ‘061, ‘622, Sakuma and Rosenfield further in view of
13 We note that Rosenfield was not included in the statement of the rejection.
However, the statement of the rejection refers to the prior art combination for the
rejection of claims 39, 40, 42 and 46-48 that includes Rosenfield. Therefore, it
appears that the exclusion of Rosenfield in the statement of this rejection was a
typographical error. This typographical error was corrected herein above.
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