Ex parte JANOFF et al. - Page 4




              Appeal No. 1999-0161                                                                                            
              Application 08/441,567                                                                                          



                      the phosphatidylethanolamine is coated on a substrate bead, wherein the bead is                         
              composed of an inert material and wherein the bead has a diameter of from about                                 
              1 nm to 50 nm.                                                                                                  
                      The prior art references relied upon by the examiner are:                                               
              Janoff et al. (Janoff)        4,698,299                    Oct.    6, 1987                                     
              Huang                        4,839,111                    June 13, 1989                                       
              Madden et al. (Madden), AStabilization of Bilayer Structure for Unsaturated                                     
              Phosphatidylethanolamines by Detergents,@ Biochemica et Biophysica Acta., Vol. 684, pp.                         
              149-153 (1982)                                                                                                  

                                                      BACKGROUND                                                              
                      The claimed invention relates to diagnostic assays, particularly for lupus                              
              anticoagulants, which employ phospholipid as assay reagents.   Specification, page 1.                           
              The blood of patients with systemic lupus erythematosus (SLE) contains Alupus                                   

              anticoagulants,@ Acoagulation inhibitors,@ or Alupus inhibitors@ which are believed to be                       

              antibodies against phospholipid which are produced by the immune system of patients                             
              suffering from SLE.  Specification, page 2.  Patients with diseases where anti-                                 
              phospholipid antibodies are present are also likely to give false positive test results when                    
              subjected to lipid dependent diagnostic assays.  Id.                                                            
                      The invention provides for a stable aqueous suspension of phospholipid particles                        
              for use in an assay for lupus anticoagulants.   The phospholipid has a hexagonal                                
              organization when dispersed in an aqueous medium without detergent.   Specification,                            


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