Ex Parte TOM-MOY et al - Page 2


                 Appeal No. 2001-2521                                                        Page 2                   
                 Application No. 08/738,464                                                                           

                 essentially of a receptor species complementary to the analyte and which device                      
                 generates data relating to the mass change on the surface of the device arising                      
                 from contacting the device with the flowing liquid stream; and                                       
                                      (ii) a piezoelectric surface wave reference device comprising                   
                 a receptor layer having little or no affinity for the analyte and which generates                    
                 data as to the interference arising from contacting the device with the flowing                      
                 liquid stream;                                                                                       
                               (b) continuously obtaining data from both the sample and reference                     
                 devices; and                                                                                         
                               (c) continuously, and contemporaneously with step (a), determining                     
                 the presence, quantity, or both the presence and quantity of the analyte in the                      
                 liquid sample.                                                                                       

                        The examiner relies on the following references:                                              
                 DeFord et al. (DeFord)                  4,283,201            Aug. 11, 1981                          
                 Issachar                               5,156,972            Oct. 20, 1992                          
                 Ghazarossian et al. (Ghazarossian)       5,180,828            Jan. 19, 1993                          
                 Ligler et al. (Ligler)                  5,183,740            Feb. 02, 1993                          
                 Myerholtz et al. (Myerholtz)             5,306,644            Apr. 26, 1994                          

                        The claims stand rejected under 35 U.S.C. § 103 as obvious in view of the                     
                 prior art, as follows:                                                                               
                               • Claims 1-14 in view of Issachar;                                                     
                               • Claims 1-7, 13, and 14 in view of Myerholtz and DeFord;                              
                               • Claims 8-12 in view of Myerholtz, DeFord, and Ghazarossian;                          
                               • Claims 1-7 and 13 in view of Myerholtz and Ligler; and                               
                               • Claims 8-12 in view of Myerholtz, Ligler, and Ghazarossian.                          
                        We reverse all of these rejections.                                                           









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