Ex Parte COULTER et al - Page 2



               Appeal No.  2002-2279                                                                         Page 2                   
               Application No. 08/556,667                                                                                             
               accomplished by gravity separation alone;                                                                              
                       removing at least a portion of the resultant supernatant of said sample portion                                
               including said selected population or subpopulation of said cells of interest from said                                
               particles and said bound population or subpopulation of cells or biological particles;                                 
                       providing a second plurality of particles having a density of at least two times the                           
               density of the cells of interest and sufficient to provide differential gravity settling, said                         
               particles having bound thereto a reactant which specifically binds to the cells or                                     
               biological particles of at least one preselected population or subpopulation not of                                    
               interest;                                                                                                              
                       mixing at least a portion of said removed supernatant of said sample portion                                   
               including said selected population or subpopulation of cells of interest with said second                              
               plurality of particles to bind said second plurality of particles to said second preselected                           
               population or subpopulation of cells or biological particles without substantially                                     
               physically damaging said selected population or subpopulation of cells of interest;                                    
                       differential gravity settling said second set of particles with said bound population                          
               or subpopulation of cells or biological particles in said supernatant sample portion,                                  
               wherein settling is accomplished by gravity separation alone; and                                                      
                       removing at least a portion of the resultant second supernatant including said                                 
               selected population or subpopulation of cells of interest from said second set of particles                            
               and said bound population or subpopulation of cells or biological particles and                                        
               recovering at least fifty percent of said selected population or subpopulation of cells                                
               originally in said supernatant sample portion.                                                                         
                       5.  A method of enhancing a selected population or subpopulation of cells of                                   
               interest in a fluid sample, comprising:                                                                                
                       (a) providing a plurality of particles having a density at least two times the density                         
               of the cells of interest and sufficient to provide differential gravity settling, said particles                       
               having bound thereto at least one reactant which specifically binds to at least one                                    
               preselected population or subpopulation of cells or biological particles not of interest;                              
                       (b) mixing said sample with said particles to bind said particles to said                                      
               preselected population or subpopulation without substantially physically damaging said                                 
               population or subpopulation to be enhanced;                                                                            
                       (c) permitting said particles and said particles bound to said preselected                                     
               population or subpopulation of cells to settle via differential gravity settling, leaving a                            
               supernatant, wherein settling is accomplished by gravity separation alone; and                                         
                       (d) separating at least a portion of the supernatant comprising said population or                             
               subpopulation to be enhanced from said settled particles and said settled particles                                    
               bound to said preselected population or subpopulation not of interest.                                                 
                       The references relied on by the examiner are:                                                                  
               Giaever                                 4,115,535                              Sep. 19, 1978                           
               Grenier et al. (Grenier)                4,788,136                              Nov. 29, 1988                           
               Pry et al. (Pry)                        5,229,268                              Jul. 20, 1993                           
               Falkenburg et al. (Falkenburg), “Selective Removal of Clonogenic Neoplastic B Cells                                    
               from Human Bone Marrow Using Anti-HLA-DQ Antibodies and Complement,” Exp.                                              
               Hematol., Vol. 14, pp. 101-107 (1986)                                                                                  



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