Ex parte KUO et al. - Page 3


                  Appeal No.  2001-1392                                                           Page 3                     
                  Application No.  08/900,586                                                                                


                                 c) reading the second region of the developed matrix on a                                   
                                    reflectance meter having a detector capable of measuring the                             
                                    visible signal from the visually detectable label to determine the                       
                                    concentration of the visually labeled binding partner in the second                      
                                    zone and reading the third zone of the developed strip in a similar                      
                                    manner to determine a signal from the labeled binding partner in                         
                                    the third zone of the matrix;                                                            
                                 d) determining the final response signal by ratioing the signals from                       
                                    the labeled binding partner captured in the second region and the                        
                                    labeled binding partner immobilized in the third region;                                 
                                 e) determining the concentration of the first analyte in the fluid sample                   
                                    by comparing the final response signal determined in step d with                         
                                    final response signals determined in a similar manner for fluid                          
                                    samples containing known concentrations of the first analyte; and                        

                                    step e by determining the concentration of the second analyte in                         
                                    the fluid test sample by measuring the intensity of the signal in the                    
                                    fourth region of the strip using a reflectance meter and then                            
                                    determining the ratio of the second analyte to the first analyte                         
                                    whose quantitative concentration is being sought.                                        
                         The references relied upon by the examiner are:                                                     
                         Besch et al. (Besch)                 3,615,229             Oct. 26, 1971                            
                         Baker et al. (Baker)                 5,500,350             Mar. 19, 1996                            
                         Yip et al. (Yip)                    5,385,847             Jan. 31, 1995                            
                                                GROUND OF REJECTION                                                          
                         Claims 1-13 stand rejected under 35 U.S.C. § 103 as being unpatentable                              
                  over Baker in view of Besch and further in view of Yip.                                                    
                         We reverse.                                                                                         


                                                      DISCUSSION                                                             








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