Appeal No. 1999-0334 Page 7
Application No. 08/150,747
Claim 33 is directed to a method of determining the amount of vitamin B12 in a
sample; the format is the same as that of claim 34, but the analyte is vitamin B12, the
binding protein is intrinsic factor, and the primary antibodies are specific for intrinsic
factor. The examiner=s proposed combination of Gutcho, Litt, Suter and Høier-Madsen
forms the basis of this rejection as well, with the addition of Pourfarzaneh as evidence
that Aantibodies to intrinsic factor:vitamin B12 complex and immunoassays for vitamin
B12 using the antibodies@ were known in the art. The addition of Pourfarzaneh does
nothing to cure the underlying deficiency in the proposed combination of Gutcho, Litt,
Suter and Høier-Madsen, thus, the rejection of claim 33 under 35 U.S.C. ' 103 is
reversed as well.
REVERSED
)
William F. Smith )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
)
Toni R. Scheiner ) APPEALS AND
Administrative Patent Judge )
) )INTERFERENCES
)
)
)
Demetra J. Mills )
Administrative Patent Judge )
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