Ex Parte KLEIN et al - Page 2


              Appeal No. 2001-1650                                                                    
              Application No. 08/898,085                                                              


                                         Representative Claim                                         
                    Claim 19 is representative of the subject matter on appeal, and reads as          
              follows:                                                                                
                          19.  A device for obtaining an analyte contained in a gas                   
                    phase, comprising                                                                 
                          a) a gas-and liquid permeable carrier matrix containing a first             
                    binding partner of an analyte in elutable form,                                   
                          b) a capture matrix which binds a complex consisting of said                
                    analyte and said first binding partner or a noncomplexed first                    
                    binding partner, wherein an analyte analogue or antibody specific                 
                    for the complex of said analyte and said first binding partner is                 
                    immobilized on said capture matrix, and                                           
                          c) a means for drawing a sample gas across said gas-and                     
                    liquid-permeable carrier matrix containing a first binding partner of             
                    an analyte in elutable form wherein said means does not draw said                 
                    gas through said capture matrix.                                                  

                                            The References                                            
                    In rejecting the appealed claims under 35 U.S.C. ' 103, the examiner              
              relies on the following prior art references:                                           
              Greenquist               4,806,312              Feb. 21, 1989                          
              Clark                   5,219,528              Jun. 15, 1993                          
              Ijsselmuiden et al. (Ijsselmuiden), “Optimizing the solid-phase                         
              immunofiltration assay[,] A rapid alternative to immunoassays,” Journal of              
              Immunological Methods, Vol. 119, pp. 35-43 (1989)                                       

                                            The Rejections                                            
                    The appealed claims stand rejected as follows:                                    
                    (1) Claims 19-22, 28 and 29 under 35 U.S.C. ' 103 as unpatentable over            
              Greenquist in view of Ijsselmuiden.                                                     


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