Interference No. 103,891
FINAL DECISION UNDER 37 CFR § 1.658(a)
This is a final decision in Interference No. 103,891.
The junior party inventors are Richard T. Flanders, Marvin I.
Berman, Stacey L. Ishman, Mary L. Lemens, Neal A. Siegel,
Kimberly A. Snyder, Vincent A. Varitek, and Stephen W. Worobec.
They are the inventors of application S.N. 08/292,157 filed on
August 17, 1994. The Flanders et al. real party in interest is
Abbott Laboratories. The senior party inventors are David R.
Moorman, David J. Ledden, David D. Webster, and Brian A. Heald. 3
The involved senior party patent is U.S. Patent No. 5,356,782
issued October 18, 1994. The filing date is September 3, 1992.
The Moorman real party in interest is Roche Diagnostics
Corporation.
The claimed invention is directed to a test strip for
carrying out an analytical assay in a clinical setting. The test
strip is provided with both a negative control and a positive
control. A negative control is a control signal which will never
give a signal whether the substance tested for, the analyte, is
present or not. The positive control tells the user the device
is functional. The positive control should give a signal to the
3 Henceforth, the parties will be referred to in the
singular, i.e., Flanders and Moorman.
2
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