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for publication and is not binding precedent of the Board.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. 23
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte MARK T. MARTIN
__________
Appeal No. 2001-0940
Application No. 08/467,712
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ON BRIEF
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Before WINTERS, WILLIAM F. SMITH, SCHEINER, Administrative Patent Judges.
SCHEINER, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 12-17,
all the claims remaining in the application. Claim 12 is representative of the subject
matter on appeal and reads as follows:
12. A method for the determination of the concentration of an enzyme substrate
present in a specimen, comprising the steps of:
(a) contacting said specimen with an oxidoreductase conjugate under conditions
which permit the oxidation of the enzyme substrate, said oxidoreductase conjugate
comprising a co-factor and a species capable of generating an electrochemiluminescent
signal separately linked in close proximity to an active site of said oxidoreductase in a
manner which permits their electrochemical interaction with each other and a substrate
also in close proximity to the active site;
(b) measuring the change in electrochemiluminescence from a base reading; and
(c) determining the concentration of enzymatic substrate based on the measured
change in electrochemiluminescent signal.
The references relied on by the examiner are:
Nacamulli et al. (Nacamulli) 5,527,710 Jun. 18, 1996
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