Appeal No. 1999-0334 Page 3
Application No. 08/150,747
over the same references in combination with Pourfarzaneh.1
We reverse both of these rejections.
DISCUSSION
The rejection of claims 34 and 35
According to the examiner, Gutcho describes Aa competitive specific binding
assay for folate and vitamin B12 in which the sample is first treated to release folate and
vitamin B12 from endogenous binders . . . then combined with labeled folate and vitamin
B12 and immobilized binders for the folate and vitamin B12 . . . folate binder and intrinsic
factor [are mentioned] as suitable binders.@ Examiner=s Answer, page 3. Høier-
Madsen describes an immunoassay for detecting folate binding protein wherein folate
binding protein is sandwiched between immobilized and labeled antibodies specific for
1 According to appellants, A[t]he claims now on appeal were last amended in [the]
Response After Final Rejection dated October 20, 1997@ and A[t]hat amendment was
entered by the Examiner in the examiner=s Advisory Action dated November 10, 1997.@
Brief, page 2. We note that claim 35, as amended, was rejected under 35 U.S.C. '
112, second paragraph in that advisory action. That rejection was never expressly
withdrawn but was not repeated in the Examiner=s Answer. We have therefore treated
the rejection as having been withdrawn.
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