Ex Parte ZIEGELMAIER - Page 4


                   Appeal No. 2001-1654                                                                  Page 4                      
                   Application No. 08/445,584                                                                                        

                           This “one-step method” has become possible after successful                                               
                           elimination of two possible interferences:                                                                
                           In the first place, the effect of antigen-specific IgG antibodies must                                    
                           be eliminated. . . .                                                                                      
                           In the second place, the activity of rheumatoid factors (RF), that is                                     
                           to say antibodies against IgG which belong to various                                                     
                           immunoglobulin classes, has to be suppressed because it can lead                                          
                           to falsification of the result.  This falsification is possible because                                   
                           RF are bound to the antibody on the solid phase, and bound over                                           
                           the antigen-specific IgG antigen which is bound by the RF in turn,                                        
                           and thus a false-positive detection reaction is obtained.                                                 
                           It has been possible to eliminate both possibilities of interference                                      
                           by, for example, addition of anti-human IgG, gamma chain (“RF                                             
                           adsorbent” of Behringwerke AG) to the sample (for example                                                 
                           serum).                                                                                                   
                   Specification, pages 4-5.                                                                                         
                           Thus, the disclosed method involves simultaneous incubation of all the                                    
                   components of the immunoassay:  a solid phase that will bind antibodies of a                                      
                   particular class (IgA, IgM, IgD, or IgE), a sample, an antigen-specific label,1 and                               
                   “a substance which inhibits binding of immunoglobulin G to the solid phase and                                    
                   inhibits binding of [the] . . . antigen to immunoglobulin G.”                                                     
                                                            Discussion                                                               
                           The examiner rejected claims 4-7, 13, 14, 16-21, 23, and 24 as obvious in                                 
                   view of Duermeyer, Unger, David, and Schmitz.  The examiner also rejected                                         
                   claims 8 and 22 over these same references, combined with Molinaro.                                               


                                                                                                                                     
                   1 The antigen-specific label can be supplied in the form of labeled antigen or in the form of                     
                   unlabeled antigen combined with a labeled, antigen-specific antibody.  The first embodiment is                    
                   disclosed in the specification at page 6, lines 14-15, and recited in claim 16; the second                        
                   embodiment is disclosed in the specification at page 6, lines 17-19, and recited in claim 17.                     





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