Ex Parte DOPATKA - Page 1




                         The opinion in support of the decision being entered today was not written           
                                for publication and is not binding precedent of the Board.                    
                                                                                 Paper No. 57                 
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                                     Ex parte HANS-DETLEF DOPATKA                                             
                                                __________                                                    
                                            Appeal No. 2001-0544                                              
                                          Application No. 08/195,048                                          
                                                __________                                                    
                                                 ON BRIEF                                                     
                                                __________                                                    
                Before WINTERS, MILLS, and GRIMES, Administrative Patent Judges.                              
                GRIMES, Administrative Patent Judge.                                                          

                                           DECISION ON APPEAL                                                 
                      This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                  
                final rejection of claims 14, 15, 19-22, and 25, all of the claims remaining.  Claim          
                25 is representative and reads as follows:                                                    
                      25.          A method for determining the amount of an analyte in a                     
                                   biological sample, wherein said method is carried out by an                
                                   instrument, comprising the steps of                                        
                                     a) contacting said biological sample with a solid-phase                  
                                        comprising a ligand specific for said analyte,                        
                                     b)  washing the solid-phase with a solution containing                   
                                        phenol or a phenol derivative carrying one or more                    
                                        substituents, wherein said substituents are C1 to C3-                 
                                        alkyl groups, chlorine or bromine,                                    






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