Appeal No. 2001-2410 Page 2
Application No. 08/914,700
a test sample containing a precipitable complex if the analyte
is present and forming no such complex in the absence of the
analyte in the biological specimen;
(b) applying the test sample to a defined zone on a porous
support, the support having a maximum effective pore size
smaller than a complex formed between the analyte, the
binding substance and the detector substance and having
minimal effective pore size larger than each of the analyte,
the binding substance and the detector substance if a
precipitable complex with an analyte is not formed, so that the
analyte, the binding substance and the detector all can pass
through the support, no solid phase particles or insoluble
components being introduced into the defined zone on the
porous support; and
(c) assessing the defined zone for color development caused by
the formation of the complex formed by the analyte, the
binding substance and the detector substance, the color
development correlating with the presence of the analyte in
the test sample.
The examiner relies on the following references:
Leuvering 4,313,734 Feb. 02, 1982
Hossom et al. (Hossom) 4,623,461 Nov. 18, 1986
Olsen et al. (Olsen) 4,853,335 Aug. 01, 1989
Akers, Jr. 5,565,366 Oct. 15, 1996
Claims 1-4 and 6-15 stand rejected under 35 U.S.C. § 103 as obvious in
view of Hossom and Leuvering.
Claim 5 stands rejected under 35 U.S.C. § 103 as obvious in view of
Hossom, Leuvering, and Olsen.
Claims 16-18, 20, and 21 stand rejected under 35 U.S.C. § 103 as
obvious in view of Hossom, Leuvering, and Akers.
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