FLANDERS et al v. MOORMAN et al - Page 3




          Interference No. 103,891                                                    



          user any time the strip is used whether the analyte is present or           
          not.  Thus, the invention comprises a test strip with a negative            
          control, a test zone where the analyte of interest is tested for,           
          and a positive control.  The count corresponds exactly to the               
          Moorman patent claim 1 and reads as follows:                                
          Count 1                                                                     
                    An apparatus for determining an analyte of interest in            
          a liquid sample comprising an absorptive material and having a              
          plurality of zones in the direction of fluid flow, wherein:                 
                    (i) a first negative control zone of said absorptive              
          material contains an immobilized reactant which does not bind to            
          said analyte of interest;                                                   
                    (ii) a second analytical zone of said absorptive                  
          material contains an immobilized reactant which specifically                
          binds to said analyte of interest; and                                      
                    (iii) a third positive control zone of said absorptive            
          material contains both (a) an immobilized reactant which specifi-           
          cally binds to said analyte of interest, and (b) a portion of the           
          analyte of interest in solubilizible form, wherein said portion             
          of the analyte is solubilized when contacted with the liquid                
          sample and reacts with the immobilized reactant of said third               
          zone.                                                                       
          The claims of the parties that correspond to the count are:                 
          Flanders:      Claims 1-13                                                  
          Moorman:       Claims 1-30                                                  
                    The specific embodiment disclosed by both parties is a            
          test strip for testing for Streptococcus pyogenes.  MX-1, ¶ 2.4             

               4 The Moorman record and exhibits will be abbreviated                  
          MR and MX- followed by the appropriate page or item number.                 
                                                             (continued...)           
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