Appeal No. 2001-1587
Application No. 08/506,268
26. A method for detecting contamination of a surface by an analyte,
comprising:
wiping the surface to be tested with a wiping surface;
providing a capillary active, chromatographic test strip having a
planar surface and two ends, with an eluant application zone proximate
one end and a target zone proximate the other end, and being in fluid
communication therebetween; thereafter
contacting the planar surface of the test strip in an area between
the eluant application zone and the target zone with the wiping surface
forming a site of contact;
applying eluant onto the eluant application zone to cause the eluant
to move toward the target zone and past the site of contact while
maintaining contact of the planar surface in said area by the wiping
surface in order to take up analyte in the eluant and to move the analyte to
the target zone; and thereafter
measuring in the target zone an immunological binding reaction to
detect the analyte.
The examiner relies on the following references:
Baier et al. (Baier) 5,118,609 Jun. 2, 1992
Giegel 5,250,412 Oct. 5, 1993
Fitzpatrick et al. (Fitzpatrick) 5,451,504 Sep. 19, 1995
Claims 2-26 stand rejected under 35 U.S.C. § 103 as obvious in view of
Fitzpatrick, Giegel, and Baier.
We reverse.
Background
The specification discloses a method for testing a surface for the presence
of an analyte such as an illegal drug. See, e.g., page 2. In the disclosed
method, the surface to be tested is swabbed with a “wiping surface” that picks up
any drug residue that may be present. The wiping surface is then contacted with
2
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