Ex parte JANOFF et al. - Page 8




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


              specification page 4, lines 3-7 and Rauch page 9672, column 1.2   Thus, one of ordinary                         

              skill in the art upon reading the disclosure of Janoff, would avoid the use of lamellar, i.e.,                  
              bilayer, lipids in SLE assays.                                                                                  
                      Madden describes the stabilization of the bilayer structure for unsaturated                             
              phosphatidylethanolamines by detergents.   In particular, Madden indicates that several                         
              common detergents, including sodium deoxycholate are able to stabilize the net bilayer                          
              organization for phosphatidylethanolamines under conditions where this structure is not                         
              available to either lipid species in isolation.   Madden, page 149, column 2.   Thus,                           
              Madden combines phosphatidylethanolamines with detergents such as deoxycholate, to                              
              achieve a stable lamellar bilayer structure.   Janoff has described that such lamellar bilayer                  
              lipids give false positives in SLE assays and thus teaches to avoid their use.   Therefore,                     

                                                                                                                              
                      2  Rauch et al (Rauch), AHuman Hybridoma Lupus Anticoagulants Distinguish                               
              between Lamellar and Hexagonal Phase Lipid Systems,@ Journal of Biological Chemistry,                           
              Vol. 261, No. 21, pages 9672-9677 (1986) was made of record in an Information                                   
              Disclosure Statement filed April 30, 1992.                                                                      











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