Ex Parte OHSHIRO - Page 2


                Appeal No. 2002-1360                                                  Page 2                  
                Application No. 09/133,942                                                                    

                      The examiner relies on the following references:                                        
                Craig et al. (Craig)                 4,703,018           Oct. 27, 1987                       
                Maehara et al. (Maehara), “Immunochemical Determination of the Serum Protein                  
                Reacting with Antibody against Human Urinary Trypsin Inhibitor by Single Radial               
                Immunodiffusion:  Use of Polyethylene Glycol,” Journal of Immunological                       
                Methods, Vol. 80, pp. 117-123 (1985)                                                          

                      Claims 1-8 stand rejected under 35 U.S.C. § 102(b) as anticipated by                    
                Maehara.                                                                                      
                      Claims 1-10 stand rejected under 35 U.S.C. § 103 as obvious in view of                  
                Craig and Maehara.                                                                            
                      We reverse.                                                                             
                                                 Background                                                   
                      The specification discloses a “method for measuring the concentration or                
                activity of urinary trypsin inhibitor (UTI) contained in body fluids.  The presence of        
                UTI was initially recognized in urine but its presence has been confirmed in body             
                fluids other than urine by subsequent studies.”  Page 1.  “[I]t has been reported             
                that the amount of UTI present in urine significantly increases in patients with              
                bacterial infections, malignant tumors . . ., renal diseases or myocardial                    
                infarction, or patients having undergone surgical operations, pregnancy, or the               
                like.”  Id.                                                                                   
                      Conventional methods of detecting UTI immunologically “include single                   
                radial immunodiffusion (SRID), radioimmunoassay (RIA), enzyme immunoassay                     
                (EIA), enzyme-linked immunosorbent assay (ELISA), latex agglutination                         







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