Ex parte KUO et al. - Page 2


                  Appeal No.  2001-1392                                                           Page 2                     
                  Application No.  08/900,586                                                                                


                         Claim 1 is illustrative of the subject matter on appeal and is reproduced                           
                  below:                                                                                                     
                         1.      A method for determining the concentration of an analyte in a sample                        
                                 of body fluid which comprises the steps of:                                                 

                                 a) providing a test matrix in the form of a strip through which the fluid                   
                                    sample can flow by capillarity, said strip having a first region which                   
                                    contains mobile specific binding partner for the analyte which                           
                                    binding partner bears a visually detectable label and can react                          
                                    with the analyte to form an analyte/labeled binding partner                              
                                    complex, at least one second region which contains immobilized                           
                                    analyte or an immobilized binding partner which is specific for an                       
                                    epitope of the analyte different than that to which the labeled                          
                                    binding partner is specific, at least one third region which contains                    
                                    means for capturing the analyte/labeled specific binding partner                         
                                    complex which is not bound in the second region and a fourth                             
                                    region which contains means for colorimetrically producing a                             
                                    visually detectable signal the intensity of which corresponds to the                     
                                    level of a second analyte in the sample of body fluid whose                              
                                    concentration is clinically related to that of the first analyte whose                   
                                    concentration is being determined;                                                       
                                 b) developing the matrix by applying a sample of body fluid                                 
                                    suspected of containing the first and second analytes thereto                            
                                    thereby allowing it to contact the labeled specific binding partner                      
                                    so that analyte present in the fluid sample binds to the labeled                         
                                    specific binding partner to form a complex while leaving excess,                         
                                    unreacted labeled binding partner free to further react whereby the                      
                                    fluid sample carries the analyte/labeled  binding partner complex                        
                                    and unreacted labeled binding partner along the matrix by                                
                                    capillarity to the second region containing the immobilized analyte                      
                                    in which region unreacted labeled binding partner is bound to the                        
                                    immobilized analyte in inverse relationship to the concentration of                      
                                    the first analyte in the fluid test sample or the analyte /labeled                       
                                    specific binding partner complex is bound to the immobilized                             
                                    specific binding partner in a direct relationship to the                                 
                                    concentration of first analyte in the fluid test sample; and the                         
                                    labeled specific binding partner which did not bind to the second                        
                                    region is carried by capillarity to the third region where it is                         
                                    immobilized by the immobilization means;                                                 






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