Appeal No. 1997-4138
Application No. 08/384,681
insolubilized specific binding partner of the component to be detected in the form of spots
of a particular diameter in discrete, visually locatable locations. Gordon and Towbin would
teach those skilled in this art at the time of the invention to use a spot or drop technique to
apply the first specific binding partner to the solid support. However, both of these
references would reasonably appear to suggest that the solid support must be a porous
material which allows the binding partner to adhere in a certain quantity to the surface of
the solid support. (Gordon, page 3, second paragraph and page 4, last paragraph;
Towbin, page 336, Concluding Remarks). Thus, in order to modify Fish to use the spot or
drop application and grid locator of Gordon and/or Towbin, one would also be directed to
modify the solid support of Fish to provide a porous base on which to apply the binding
partner. In fact, Gordon contemplates the use of solid supports such as those described in
Fish and the claimed device in the assay described. However, Gordon also specifies that
the solid support, e.g., polystyrene, must be suitably porous structures. (Gordon, page 9,
paragraph D). Thus, if we modify Fish using the direction provided by Gordon and Towbin,
the resulting assay device would no longer be expected to have a flat, hydrophobic, non-
absorbent surface as required by claim 56. Wada does not provide that which is missing
from the combined teachings discussed. As stated in In re Hedges, 783 F.2d
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