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for publication and is not binding precedent of the Board.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. 35
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte
FRANCEE BOCHES, KATHY F. HILYARD, JAMES MONTICELLO
DENNIS SMITH and RICHARD TIMMONS
__________
Appeal No. 1999-0334
Application No. 08/150,747
__________
ON BRIEF
__________
Before WILLIAM F. SMITH, SCHEINER and MILLS, 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 33
through 35, the only claims remaining in the application.
Claims 33 and 34 are representative of the subject matter on appeal and read as
follows:
33. A method to determine an amount of vitamin B12 in a fluid sample, the fluid
sample comprising at least some of the vitamin B12 bound to endogenous intrinsic
factor, the method comprising: treating the fluid sample to free any vitamin B12 in the
sample from the endogenous intrinsic factor and to destroy the endogenous intrinsic
factor=s binding ability; combining the following with an amount of an immobilized
primary antibody which specifically binds exogenous intrinsic factor: (a) an amount of
exogenous intrinsic factor, (b) the treated fluid sample and (c) an amount of labeled
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