Appeal No. 2001-1409 Page 8
Application No. 09/044,214
then dried and blocked to prevent nonspecific binding. See, e.g., column 6, lines
41-51. The prepared substrate and the test sample are then added together to a
test tube containing the labeling reagent. See column 7, lines 3-9. After
incubation for fifteen minutes, the signal is read. Column 7, lines 10-15. The
examiner has not adequately explained how Todd’s method of adding both
substrate and sample to a labeling solution would have suggested the claimed
step of spotting a treated saliva sample onto an immunoassay substrate.
Summary
The examiner has not shown that the claims, considered as a whole,
would have made obvious in view of Todd and Archetti. The rejections under
35 U.S.C. § 103 are reversed.
REVERSED
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Toni R. Scheiner )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Eric Grimes )
Administrative Patent Judge )
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007