Ex Parte Johnson - Page 3


              Appeal No. 2006-0484                                                                Page 3                
              Application No. 09/657,729                                                                                

                            providing an electrochemical control for the redox environment of the                       
                            sample; operating the electrochemical control to control the redox                          
                            environment of the sample; and analyzing the sample using a detection                       
                            scheme, wherein the detection scheme is operated to identify if interaction                 
                            has occurred between the target and the sample, whereby activity of the                     
                            sample under redox conditions can be identified.                                            

                     51. A method of performing an analysis of a sample comprising:                                     
                            providing a sample in a test region:                                                        
                            providing a target in the test region;                                                      
                            providing an electrochemical control for the redox environment of the                       
                            sample, said electrochemical control having three electrodes wherein the                    
                            first electrode is an auxiliary electrode, the second electrode is a reference              
                            electrode, and the third electrode is a working electrode;                                  
                            analyzing the sample using a detection scheme, wherein the detection                        
                            scheme is operated to identify if interaction has occurred between the                      
                            target and the sample, whereby activity under redox conditions can be                       
                            identified,                                                                                 
                                                                                                                       
                            said detection scheme being a spectroscopic detection scheme selected                       
                            from the group consisting of fluorescence, absorbance, infra red,                           
                            phosphorescence, chemiluminescence, electroluminescence, Raman,                             
                            electron spin resonance and refractive index.                                               

                     Claim 1 is very broad.  The claimed method encompasses providing a sample                          
              and a target in a test region.  The specification defines a test region as “any structure                 
              that can hold a sample and allow the detection scheme to be performed, such as a                          
              beaker, a test tube, a microplate or other reaction chamber.”  Page 3, third full                         
              paragraph.  The specification does not provide any definition of a “sample” or a “target.”                
              Therefore, we interpret those terms to refer to any two chemical compounds that                           
              interact with each other.                                                                                 







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