Ex Parte BLACKBURN et al - Page 5


                Appeal No.  2003-0480                                                   Page 5                
                Application No.  08/090245                                                                    
                      immobilized in the gate region of the transistor.  The changes in the                   
                      electrochemical potential of the immobilized antibody is measured                       
                      by the transistor in the absence and presence of the appropriate                        
                      substrate or antigen for that antibody.  The transistors of Schenck                     
                      then connect to transducers which display or modify the signal of                       
                      the transistor into comparable data.                                                    
                In addition, the examiner finds (Answer, page 6), Conover                                     
                      disclose ion selective electrodes which can use either immobilized                      
                      antibodies … or immobilized enzymes … depending on the                                  
                      reactant to be measured.  The immobilized enzymes “act on the                           
                      substrate and produce a pH change proportional to the                                   
                      concentration of the analyte in the sample”….  This change in the                       
                      pH is what is measured by the electrometer which is connected to                        
                      the sensor (a transfucer)….  Conover also teaches that it is known                      
                      in the art to immoblize cells and layers of tissue….                                    
                The examiner also finds (id.) that appellants’ specification (pages 3-6) admits               
                “that sensors using enzymes or antibodies were well known in the art, and that                
                the macromolecular interactions were highly specific.”                                        
                      Based on this evidence, the examiner concludes (Answer, page 7), “[i]t                  
                would have been prima facie obvious to one of skill in the art at the time the                
                invention was have [sic] made to have used immobilized catalytic monoclonal                   
                antibodies, in combination with a sensing and transducing means, for the                      
                detection of changes in a particular environment.”  Against this backdrop, we                 
                consider representative claims 83, 85, 86 and 88.                                             















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