Ex Parte RALLS et al - Page 1




                         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                                for publication and is not binding precedent of the Board.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. 16                 
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                                      Ex parte STEPHEN A. RALLS and                                           
                                           LLOYD G. SIMONSON                                                  
                                                __________                                                    
                                            Appeal No. 2001-1409                                              
                                          Application No. 09/044,214                                          
                                                __________                                                    
                                                 ON BRIEF                                                     
                                                __________                                                    
                Before WINTERS, SCHEINER, and GRIMES, Administrative Patent Judges.                           
                GRIMES, Administrative Patent Judge.                                                          

                                           DECISION ON APPEAL                                                 
                      This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                  
                final rejection of claims 1-14, all of the claims in the application.  Claims 1 and 8         
                are representative and read as follows:                                                       
                      1.     An immunodiagnostic assay kit for detecting semi-quantitatively in               
                about five (5) minutes or quantitatively in about six (6) to eight (8) hours                  
                antibodies in saliva specific to a disease comprising:                                        
                Antigens specific to a disease to be identified immobilized on a solid flow-                  
                through substrate by spotting or nonspecific contact:                                         
                      A blocking agent for application over the antigen on said solid substrate               
                capable of reducing nonspecific binding;                                                      







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