Appeal No. 2001-0940 Page 3
Application No. 08/467,712
photon having a given wavelength. Specification, page 9. This process regenerates
the original form of the electrochemiluminescent label, which cycles repetitively through
the reaction sequence, emitting multiple photons during each measurement period.
Specification, page 10. The intensity of the observed luminescence is proportional to
the concentration of the analyte. Id., page 11.
Obviousness
According to the examiner, “Nacamulli [teaches] methods for determining the
concentration of an enzyme substrate in a specimen by contacting said specimen with
an oxidoreductase . . . plus the cofactor NAD and an [electrochemiluminescent]
substance Ru(bpy)32+ then measuring the change in the chemiluminescent signal
produced by the reduction of the Ru(bpy)32+ by the NADH generated from the reaction
between the substrate and the enzyme. The rate of signal generation is measure[d]
simultaneously with the addition of the reagents” and “Ru(bpy)32+ is recycled with
voltage pulses.” Paper No. 4, page 5.1 We note, however, that the examiner’s
characterization of the reference is factually inaccurate - Nacamulli does not measure
substrate concentration, rather, the rate of the enzymatic reaction is measured using
known initial concentrations of all the reactants. In addition, we note that the
electrochemiluminescent reaction is “slowed down . . . by using narrow voltage pulses,”
apparently to “provide for better conditions for rate measurements.” Nacamulli, column
5, lines 5-23 and column 6. In any case, the examiner concedes that Nacamulli does
not describe “a ternary complex,” i.e., the modified oxidoreductase biosensor required
by the claims, and relies on Yomo to make up this difference. Paper No. 4, page 5.
1 The Answer refers to Paper No. 9 (final rejection mailed December 22, 1997)
for the statement of the rejection. Paper No. 9, in turn, refers to Paper No. 4 (non-final
office action, mailed March 7, 1997).
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