Ex Parte LACKIE et al - Page 3




                     Appeal No. 2001-2401                                                                                                                                                 
                     Application 08/277,225                                                                                                                                               
                                (b)        limiting the contact time between said second ligand and said solid phase                                                                      
                     so that:                                                                                                                                                             
                                           (i)        non-specific binding between said second ligand and said solid                                                                      
                     phase is not allowed to reach equilibrium; and                                                                                                                       
                                           (ii)       a first binding curve, in which formation of a non-specific second                                                                  
                     ligand/solid phase complex is plotted versus time, does not level off;                                                                                               
                                (c)        binding a detectable tag to said second ligand either prior to or after                                                                        
                     formation of said first ligand/analyte/second ligand complex so that a portion of said tag                                                                           
                     is retained on said solid phase upon formation of said first ligand/analyte/second ligand                                                                            
                     complex;                                                                                                                                                             
                                (d)        detecting said retained tag to determine the presence or level of said                                                                         
                     analyte in said sample.                                                                                                                                              
                                23.        A method of detecting the presence or level of an analyte in a sample, the                                                                     
                     method comprising steps of:                                                                                                                                          
                                           (a)        contacting said sample with:                                                                                                        
                                                      (i)  a solid phase having bound thereto a first ligand, which first                                                                 
                     ligand is characterized in that it binds to said analyte when incubated therewith, the                                                                               
                     contacting being performed so that a first ligand/analyte complex is formed on said solid                                                                            
                     phase; and                                                                                                                                                           
                                                      (ii) a second ligand that binds said first ligand/analyte/second ligand                                                             
                     complex when incubated therewith, so that a first ligand/analyte/second ligand complex                                                                               
                     is formed on said solid phase, said contacting being performed under contacting being                                                                                
                     performed under conditions and for a time sufficiently limited that substantially no non-                                                                            
                     specific binding between said second ligand and said solid phase occurs;                                                                                             
                                           (b)        binding a detectable tag to said second ligand either prior to or                                                                   
                     after formation of said first ligand/analyte/second ligand complex so that a portion of                                                                              
                     said tag is retained on said solid phase upon formation of said first                                                                                                
                     ligand/analyte/second ligand complex;                                                                                                                                
                                           (c)        detecting said retained tag to determine the presence or level of                                                                   
                     said analyte in said sample.                                                                                                                                         

                                The references  relied upon by the examiner are:                                                                                                          

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