Appeal No. 2001-0544 Page 3
Application No. 08/195,048
the labeling enzyme, for solid-phase immunometric assays, and . . . the use of
this washing solution.” Page 1. “Solid-phase immunometric assays, for example
the enzyme-linked immunosorbent assay (ELISA), require one or more washing
steps in the procedure. . . . [S]olid-phase immunometric assays can also be
completed using instruments. This entails the washing steps being carried out by
the instrument.” Id.
Known washing solutions, however, have a disadvantage when the solid-
phase immunometric assay is carried out using an instrument. See id., page 2:
“When such instruments are used to complete the washing step, both the
accuracy and the reproducibility of the measured signal reach an acceptable
level only after some time, i.e. after some plates have been completed.”
The specification discloses “a washing solution whose use in instruments
makes possible correct completion of the ELISA even on immediate use of these
devices.” Id. The “addition of stabilizers achieves this object, irrespective of the
buffer basis, the pH or other additives to the washing solution. Stabilizers within
the meaning of this invention are substances which stabilize the labeling enzyme,
such as, for example, tobramycin, phenol and phenol derivatives.” Id. “Preferred
stabilizers are phenols and phenol derivatives, in which case phenol can also
carry one or more substituents which can be C1-C3-alkyl groups and chlorine
and/or bromine atoms.” Id., page 3.
Discussion
Claim 25 is the broadest claim on appeal and is directed to a method for
detecting an analyte, comprising contacting a sample with a solid phase having
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