Appeal No. 1997-4138
Application No. 08/384,681
predetermined concentration of at least about 15 micrograms per ml in liquid form.
The examiner has rejected claims 56 - 61 over Fish in combination with Gordon or Towbin
and if necessary in view of Wada. (Answer, page 3). The examiner relies on Gordon as
disclosing "direct application of antigens, immunoglobulins or both to microporous solid
supports in any suitable preselected geometry, e.g., in the form of dots (page 11, line 5) or
in a 3x3 mm grid pre-printed on the support (page 18, line 11)." (Answer, page 7). The
examiner relies on Towbin as describing "direct dot/spot application of the dots to a
defined location and the subsequent cutting of strips of desired geometry." (Id.) The
examiner concludes (Answer, paragraph bridging pages 7-8):
It would have been obvious to one of ordinary skill in the art to
modify the methods, devices and kits of Fish by utilizing direct
application of receptors in any suitable preselected geometry,
such as within a "grid" work as suggested by either Gordon or
Towbin for the same intended purpose of easy application to
define locations, etc.
However, claim 56 requires more than just a grid work to provide a preselected
geometry for placement of the reagents. Claim 56 requires that the device consist
essentially of an inert, opaque plastic carrier having a flat hydrophobic surface that is non-
absorbent to said antibodies, antigens, haptens, and enzymes. In addition, the plastic
carrier has deposited directly thereon an insolubilized specific binding partner in the form
of spots of from 1 to 4 mm in diameter in discrete, visually locatable locations. Thus, in
order to arrive at the claimed invention, Fish would have to be modified by depositing the
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