Appeal No. 2006-1563
Application No. 09/839,778
metabolic or disease state; and
reporting said reliable determination of the presence of the plurality of analytes in
an amount indicative of the metabolic or disease state.
2. The method according to claim 1, wherein evaluating the presence of at least
one other analyte in the sample continues after the report of the reliable determination
of an amount indicative of acute metabolic or disease state in order to accurately
determine the presence or concentration of the at least one other analyte.
7. The method according to claim 4, wherein the continuation of the substantially
simultaneous determination includes correlating a rate of reaction between the at least
one analyte and the corresponding reactive element to a concentration of the at least
one analyte.
8. The method according to claim 4, wherein the reactive elements are
arranged in one or more patterns on a waveguide surface.
10. The method according to claim 9, wherein the light signal is indicative of a
rate of reaction between the analyte of interest and the corresponding reactive element.
The prior art references cited by the examiner are:
Jackowski 5,747,274 May 5, 1998
Sawai et al. (Sawai) 4,224,304 Sept. 28, 1980
Grounds of Rejection
Claims 1-6, 8-9, and 13-21 stand rejected under 35 U.S.C. § 102(e) as
anticipated by Jackowski.
Claims 7 and 10-12 stand rejected under 35 U.S.C. § 103(a) over Jackowski in
view of Sawai.1
We affirm these rejections.
1 It is noted that a final rejection dated Dec. 29, 2003 contained a single rejection of the claims under
35 U.S.C. § 102. On November, 17, 2004, a new non-final rejection was issued adding the rejection under
103 over Jackowski in view of Sawai. Subsequently, Appellants filed a Second Appeal Brief dated
February 17, 2005 (referred to as Brief, herein).
2
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