Ex Parte BLACKBURN et al - Page 3


                Appeal No.  2003-0480                                                   Page 3                
                Application No.  08/090245                                                                    
                                   said catalytic monoclonal antibody or fragment thereof being               
                             capable of catalyzing a chemical reaction, wherein at least one                  
                             reactant is converted to at least one product by forming an antibody             
                             reactant complex, catalytically converting said complexed reactant               
                             to said product and releasing said product from said complex                     
                             thereby regenerating said antibody or fragment, wherein said                     
                             chemical reaction occurs in said environment.                                    
                             (b) detecting by the sensing means the binding of the analyte to the             
                                catalytic monoclonal antibody and transducing information                     
                                related to said binding by a transducer;                                      
                             (c) processing the information generated by the transducer; and                  
                             (d) releasing the analyte from the antibody or antibody fragment by              
                                catalyzing said chemical reaction of said analyte and thereby                 
                                detecting the analyte of interest in the environment.                         
                      The references relied upon by the examiner are:                                         
                Schenck                             4,238,757           Dec. 9,   1980                      
                Conover et al. (Conover)              4,713,165           Dec. 15, 1987                       
                Schochetman et al. (Schochetman)      4,888,281           Dec. 19, 1989                       
                                          GROUND OF REJECTION                                                 
                      Claims 83-90 stand rejected under 35 U.S.C. § 103 as being unpatentable                 
                over Schochetman in view of Schenck and Conover, further in view of appellants                
                statements as to the state of the art at pages 3-6 of the specification.                      
                      We affirm the rejection of claims 83-87, and reverse the rejection of claims            
                88-90.                                                                                        
                                             CLAIM GROUPING                                                   
                      Appellants set forth the following four groupings of claims:  I. claims 83              
                and 84; II. claim 85; III. claims 86 and 87; and IV. claims 88-90.  Brief, page 6.  In        
                response to appellants’ claim groupings we limit our discussion to representative             
                claims 83, 85, 86 and 88.  Claim 84 will stand or fall together with claim 83.                







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