Appeal No. 2002-0019 Page 3
Application No. 08/517,949
Collins et al. (Collins) 4,772,697 Sep. 20, 1988
Buckler et al. (Buckler) 4,495,281 Jan. 22. 1985
Buechler et al. (Buechler I) 5,302,703 Apr. 12, 1994
Buechler et al. (Beuchler II) 5,302,715 Apr. 12, 1994
Buechler (Buechler III) 5,331,109 Jul. 19, 1994
Virtanen, “Radioimmunoassay for tricyclic antidepressants,” Scand. J. clin. Lab.
Invest., Vol. 40, pp. 191-97 (1980).
GROUND OF REJECTION
Claims 3-27 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Collins and Buckler in view of Virtanen, Buechler I, Buechler II and Buechler
III.
We reverse.
DISCUSSION
According to the examiner (Answer, page 4), the “claims are drawn to
derivatives of tricyclic antidepressants (TCAs) and methods of preparing
antibodies using the claimed compounds.” The examiner finds (id.), “Collins,
Buckler, and Virtanen all teach derivatizing TCAs and using the derivatives to
raise antibodies specific for TCAs for use in immunoassays to detect drugs.”
Since the examiner relies on Collins, Buckler and Virtenen for their cumulative
teachings, we focus our attention on Collins. According to the examiner (id.),
“Collins teaches derivatizing TCAs at the secondary amine … which is the same
location as instantly claimed.”
The examiner recognizes (Answer, page 4) that Collins does not “teach
the use of the particular types of linkers for derivatization of TCAs that are
claimed by appellant[s].” Accordingly, the examiner relies on Buechler I,
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