Ex Parte BUECHLER et al - Page 1



                            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                                   for publication and is not binding precedent of the Board.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. 32                 

                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                       
                                                    __________                                                           

                               BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                           
                                                     __________                                                          
                          Ex parte KENNETH F. BUECHLER and PAUL H. MCPHERSON                                             
                                                     __________                                                          
                                                Appeal No. 2001-1589                                                     
                                              Application No. 08/769,077                                                 
                                                     __________                                                          
                                                 HEARD: July 9, 2002                                                     
                                                     __________                                                          
              Before WINTERS, SCHEINER and ADAMS, 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 1-8, 10                  
              and 18.  Claim 9, also pending in the application, is not subject to rejection.  Claims 11-                
              17 have been canceled.                                                                                     
                     Claim 1 is representative of the subject matter on appeal:                                          
                     1.  A method for reducing the ability of troponin I and troponin T in a patient                     
              sample suspected of containing troponin from damaged heart muscle to bind to a                             
              surface, said method comprising the steps of:                                                              
                     contacting a sample obtained from a patient with a surface, and prior to, after, or                 
              during said contacting,                                                                                    
                     adding exogenous troponin C to the surface or to the patient sample under                           
              conditions in which troponin C will bind to said troponin I and/or troponin T from the                     
              patient sample and reduce binding of said troponin I and/or troponin T to said surface,                    
              wherein said exogenous troponin C is not bound to said surface and is not labeled.                         




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