Appeal No. 2001-2521 Page 4
Application No. 08/738,464
present, the sensor will generate a signal that is the integral of the analyte
concentration over time. By taking the derivative of the signal one can generate
a signal that is related to the amount of compound flowing over the sensor as a
function of time.” Id., pages 24-25.
Discussion
Claim 1 is directed to a method for detecting or quantitating an analyte in a
flowing liquid stream, comprising continuously contacting the liquid stream with a
detector comprising a “piezoelectric surface wave sample device” and a
“piezoelectric surface wave reference device,” continuously obtaining data from
both devices, and continuously determining the presence and/or quantity of
analyte present in the liquid stream.1 The examiner rejected claim 1 as obvious
over Issachar alone, or over Myerholtz in combination with either DeFord or
Ligler.
1. Issachar
The examiner characterized Issachar as disclosing “an analyte specific
chemical sensor for determining an analyte in a test medium, which comprises a
sensing surface coated with reversible competitive recognition units (RCRUs)
which in turn contain at least one receptor and one ligand[,] one of which
components is an analyte analog.” Paper No. 12, mailed June 24, 1997, page 4.
The examiner acknowledged that “the reference does not teach the specific use
of, or exemplify, a piezoelectric devi[c]e for continuous measurement of an
1 For reasons that will become apparent, we need not separately consider the dependent claims.
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