Appeal No. 1998-3050
Application No. 08/586,116
rejected claims stand or fall together." Accordingly, all the
appealed claims stand or fall together with claim 77.
We have thoroughly reviewed each of appellants' arguments
for patentability. However, we are in full agreement with the
examiner that the claimed subject matter would have been prima
facie obvious to one of ordinary skill in the art within the
meaning of § 103 in view of the applied prior art. Accordingly,
we will sustain the examiner's rejection.
As correctly pointed out by the examiner, Wainright, like
appellants, discloses a pipette tip bearing a substrate
comprising a reactant binding agent for a target biomolecule,
wherein the target biomolecule is aspirated into the pipette tip
for contacting the reactant binding agents. Indeed, appellants
acknowledge at page 8 of the Brief that Wainright discloses the
presently claimed binding agent being for a target molecule, the
substrate bearing the binding agent being disposed within a
pipette tip, the pipette tip being in combination with means for
aspirating the sample, such means being capable of aspirating the
sample through the first end of the pipette by acting upon the
second end of the pipette. As recognized by the examiner,
Wainright does not specifically teach a plurality of binding
agents being in a spaced-apart relation on a substrate strip that
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