Appeal No. 2006-0703 Page 2
Application No. 09/268,437
area by a distance and a common reference electrode for said plurality
of working electrodes wherein said device does not have means to mix
a sample in said cell.
11. An electrochemical assay device comprising a cell adapted to receive
a sample and simultaneously test multiple different analytes, said cell
having a surface having a plurality of analyte binding areas, each of
said analyte binding areas having a different specific analyte binding
substrate; and a plurality of working electrodes and each working
electrode adjacent to one analyte binding area and separated from the
nearest adjacent analyte binding area by a distance, all of said binding
areas coated with a single quiescent solution containing substrate
reactive with enzymes bonded to analyte binding areas wherein said
device does not have means to mix a sample in said cell.
12. The assay device claimed in claim 11 wherein said device has a
common reference electrode for said plurality of working electrodes.
The examiner relies upon the following references:
Cozzette et al. (Cozzette) 5,063,081 Nov. 5, 1991
Henkens et al. (Henkens) 6,391,558 May 21, 2002
Claims 1-5, 11 and 12 stand rejected under 35 U.S.C. §102(e) as being
anticipated by Henkens. In addition, claim 11 stands rejected under 35 U.S.C.
§102(b) as being anticipated by Cozzette. After careful review of the record and
consideration of the issues before us, we affirm the rejection of claim 11 as to
Cozzette. The rejection of claims 1-5 and 12 as being anticipated by Henkens,
however, is reversed. Because we affirm the rejection of claim 11 as to
Cozzette, we decline to reach the rejection of claim 11 under 35 U.S.C. §102(e)
as being anticipated by Henkens.
DISCUSSION
Claim 11 stands rejected under 35 U.S.C. § 102(b) as being anticipated by
Cozzette.
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