Appeal No. 2001-1409 Page 3
Application No. 09/044,214
Archetti et al. (Archetti), “Detection of Foot-and-Mouth Disease Virus-Infected
Cattle by Assessment of Antibody Response in Oropharyngeal Fluids,“ Journal of
Clinical Microbiology, Vol. 33, No. 1, pp. 79-84 (1995)
Claims 1, 2, 5-9, and 12-14 stand rejected under 35 U.S.C. § 103 as
obvious in view of Todd and Archetti.
Claims 3, 4, 10, and 11 stand rejected under 35 U.S.C. § 103 as obvious
in view of Todd, Archetti, Brown, and Maes.
We reverse.
Background
The specification discloses “a rapid immunoassay kit and method for
semi-quantitatively detecting antibodies in human saliva to antigens of disease-
related microorganisms, e.g., antibodies to Mycobacterium tuberculosis.” Page
1. In standard screening tests for tuberculosis, a tuberculin antigen is injected
into the patient and results are read 48 to 72 hours later. Specification, pages 3-
4. “To continue with the Mycobacterium tuberculosis example . . ., a major
advantage is that tuberculosis screening can be done rapidly—in approximately 5
minutes—in one visit and in a non-invasive manner.” Id., page 5. “The premise
of this use of the assay is that individuals infected with Mycobacterium
tuberculosis develop antibodies to this bacterial species which are present in
their saliva and which react with mycobacterial antigens. The antibodies are then
labeled and color development detected and read visually after addition of an
appropriate enzymatic substrate, if required.” Id.
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