Appeal No. 2003-2084 Page 14
Application No. 08/241,061
The examiner rejects these claims stating "Kinoshita et al teach immunoassay
for captopril comprising a plurality of molecules of captopril-MCC-beta-galactosidase
(refers to the ligand analogue conjugate of the instant claims) and
maercaptoethanol[sic]-MCC (refers to crosstalk inhibitors of the instant claims). Thus,
the reference clearly anticipates the claimed invention." Examiner's Answer, page 10.
With regard to claim 98, appellants point out that this claim requires that the
composition comprise a "plurality of different ligand analogue conjugates." Appeal
Brief, page 13. The examiner has not pointed out where Kinoshita describes a
composition which comprises a plurality of different ligand analogue conjugates. Thus,
we reverse the rejection as it pertains to claim 98.
We also reverse the rejection as it pertains to claims 99-102. Claims 99-102
require a composition which comprises a defined ligand analogue conjugate, ligand
receptor, and crosstalk inhibitor. The examiner's statement of the rejection takes into
account only the ligand analogue conjugate and crosstalk inhibitor. Nowhere does the
statement of the rejection take into account the ligand receptor. Thus, even assuming
arguendo the examiner correctly correlated the stated compounds of Kinoshita to the
ligand analogue conjugate and crosstalk inhibitor in claims 99-102, the statement of the
rejection does not take into account the subject matter of any claim as a whole.
Furthermore, the examiner has merely pointed to two compounds described in
the reference. The claimed invention is directed to a composition which contains three
specified compounds. The examiner has not pointed to any composition described in
Kinoshita which comprises compounds which meet the requirements of the claims 99-
102.
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007