Appeal No. 2003-2084 Page 2
Application No. 08/241,061
development element, said linkage site being the same or different from the linkage site
of the other ligand analogue conjugates; and
(b) at least one crosstalk inhibitor comprising an analogue of at least one linkage site
present amongst the plurality of different ligand analogue conjugates, wherein the
crosstalk inhibitor is present in an amount sufficient to inhibit binding of the linkage site
of at least one ligand analogue conjugate in a ligand receptor assay to an antibody or
ligand receptor produced by a standard immunologic technique.
99. A composition for use in an assay for determining the amount or presence of
a target ligand, wherein the target ligand is a binding partner to a ligand receptor, the
composition comprising:
(a) a ligand analogue conjugate comprising a binding site for a receptor
attached via a linkage site to a protein, polypeptide, polymer, or signal development
element;
(b) a ligand receptor comprising an antibody or a fragment thereof which
specifically binds the ligand analogue conjugate; and
(c) a crosstalk inhibitor comprising at least one analogue of the linkage site in an
amount sufficient to inhibit binding of the ligand receptor to the linkage site.
The references relied upon by the examiner are:
Schuurs et al. (Schuurs) 3,879,262 Apr. 22, 1975
Kinoshita et al. (Kinoshita), "Enzyme Immunoassay for Captopril," Journal of
Pharmaceutical Sciences, Vol. 75, No. 7, pp. 711-713 (1986)
Marini et al. (Marini), "A Simple Method for Increasing Hapten Immunogenicity by a
Specific Structural Modification of the Carrier," Journal of Immunological Methods, Vol.
120, pp. 57-63 (1989)
The claims on appeal stand rejected as follows:
Claim 102 under 35 U.S.C. § 112, first paragraph (written description);
Claims 98 and 99 under 35 U.S.C. § 112, first paragraph (written description);
Claims 98-102 under 35 U.S.C. § 112, first paragraph (enablement);
Claims 98-108 under 35 U.S.C. § 112, second paragraph, as being indefinite;
Claims 98-102 under 35 U.S.C. § 102(b) as anticipated by Kinoshita;
Claims 99-102 under 35 U.S.C. § 102(b) as anticipated by Marini; and,
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