Appeal No. 2006-1563
Application No. 09/839,778
Claim Grouping
Appellants argue claims 1, 2 and 8 separately with respect to the 35 U.S.C. §
102 rejection. Appellants argue claim 10 separately with respect to the 35 U.S.C. §
103 rejection. We address each rejection and claim separately argued by appellants.
37 C.F.R. ' 41.37(c)(1)(vii) (September 13, 2004).
DISCUSSION
Background
According to the specification, “[a]fter the onset of an acute myocardial infarction,
the cardiac isoform of troponin I is measurable in the serum after four to six hours.
Peak serum concentrations are reached after twelve to eighteen hours after the acute
myocardial infarction. Unlike other cardiac markers (e.g. CK-MB and myoglobin),
troponin I levels may remain elevated in the serum for several days before returning to
normal. Because of these characteristics, the cardiac isoform of troponin I is used in
the diagnosis of acute myocardial infarction." Specification, page 2.
Appellants claim a method for performing an assay which substantially
simultaneously evaluates the presence of, and measures the concentration of, a
plurality of analytes. While the specification does not provide a specific definition for the
term “substantially simultaneously”, the specification does state that “it has been found
that reliable results can be obtained within about 1 to 2 minutes for positive specimens.”
Specification, page 4.
The specification further states that one embodiment of performing the assay
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