Ex parte KATUS et al. - Page 2


            Appeal No. 1997-0798                                                                         
            Application 08/128,020                                                                       
                  Claims 22, 29, and 32 are representative of the subject matter on appeal and           
            read as follows:                                                                             
                  22. A kit for immunoassay determination of myocardial necroses in a patient, said      
            kit comprising an antibody to human cardiac muscle troponin T, having a cross reactivity     
            to troponin I and other myofibrillar proteins of less than 2% as determined by ELISA and     
            cross reactivity to human skeletal muscle troponin T of less than 5% as determined by        
            ELISA, and, in a separate container, a binding partner B for either human cardiac            
            muscle troponin T or for said antibody, with one of said antibody and said binding           
            partner being labeled with a determinable group.                                             

                  29. A method for the immunoassay determination of myocardial necroses in a             
            patient, wherein detecting cardiac muscle injury can be accomplished for at least 150        
            hours after occurrence of an infarction, said method comprising:                             
                  a) incubating a body fluid sample of the patient with                                  
                        i) at least one antibody to human cardiac muscle troponin T,                     
                  and                                                                                    
                        ii) a binding partner B for either human cardiac muscle troponin T or the        
            antibody, wherein either the antibody or the binding partner B is labeled with a             
            determinable group,                                                                          
                  to form an immunological complex containing a determinable group; and                  
                  b) determining the determinable group as an indicator of the human cardiac             
            muscle troponin T in the sample to thereby determine the occurrence of injury to a           
            cardiac muscle, wherein the at least one antibody to human cardiac muscle troponin T         
            has a cross-reactivity to human skeletal muscle troponin T which is less than 5% as          
            determined by ELISA and cross-reactivity to troponin I and other myofibrillar proteins of    
            less than 2% as determined by ELISA.                                                         
                  32. A conjugate of an antibody to human cardiac muscle troponin T having a             
            cross-reactivity to human skeletal muscle troponin T which is less than 5% as                
            determined by ELISA and cross-reactivity to troponin I and other myofibrillar proteins of    
            less than 2% as determined by ELISA, and a determinable group.                               
                  The references relied upon by the examiner are:                                        
                  Cummins et al. (Cummins) “Cardiac-specific troponin-I radioimmunoassay in the          
            diagnosis of acute myocardial infarction.” American Heart Journal, Vol. 113, No. 6, pp.      
            1333-1344, June 1987                                                                         
                  Gahlmann et al. (Gahlmann) “Differential Expression of Slow and Fast Skeletal          
            Muscle Troponin C.” Journal of Molecular Biology, Vol. 201, pp. 379-391, (1988)              




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