Ex Parte Alocilja et al - Page 1




                            The opinion in support of the decision being entered today was not written                     
                                    for publication and is not binding precedent of the Board.                             

                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                         
                                                       __________                                                          
                               BEFORE THE BOARD OF PATENT APPEALS                                                          
                                              AND INTERFERENCES                                                            
                                                       __________                                                          
                       Ex parte EVANGELYN C. ALOCILJA and ZARINI MUHAMMAD-TAHIR                                            
                                                       __________                                                          
                                                 Appeal No. 2006-2198                                                      
                                               Application No. 10/074,499                                                  
                                                       __________                                                          
                                                       ON BRIEF                                                            
                                                       __________                                                          
              Before ADAMS, GRIMES, and GREEN, Administrative Patent Judges.                                               
              GRIMES, Administrative Patent Judge.                                                                         
                                                DECISION ON APPEAL                                                         
                     This appeal involves claims to an immunoassay device, which the examiner has                          
              rejected as obvious.  We have jurisdiction under 35 U.S.C. § 134.  We affirm.                                
                                                       Background                                                          
                     The specification states that “[a]ssays based upon conductivity or resistance are                     
              well known. . . .  Illustrative published art is Kim et al., Biosensor & Bioelectr[on]ics 14                 
              907, 915 (published in February of 2000). . . . In Kim et al[.], a conductive polymer is                     
              bonded to conductive gold particles, which also serve as a visually detectable reagent,                      
              for a conductimetric assay.  None of the prior art uses a capture reagent labeled with a                     
              conductive polymer in a sandwich type assay in the absence of conductive metal                               
              particles.”  Pages 1-2.                                                                                      






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