Appeal 2006-2897
Application 10/074,715
See also Ans. at 4 (Steaffens provides “a cell lysing agent
(dispersing), which is ethanol”); FOA at 5 (“ethanol” is “cell lysing
or dispersing agent”).
2. Steaffens discloses amounts of chelating agents (0.1% to 30% v/v)
and cell lysing agents (0.01 mM to 100 mM) that encompass or
substantially overlap Appellants’ claimed ranges. Col. 6, ll. 31-34.
See also Ans. at 7; FOA at 5.
3. Steaffens’ solubilizing agents include “alcohols such as ethanol,”
one of Appellants’ preferred lysing agents. See, e.g., col. 4,
ll. 33-38.
4. Steaffens’ chelating agents include EDTA. See, e.g., col. 6, l. 14.
5. Steaffens’ stabilizing compositions are “aqueous.” See, e.g., col. 1,
ll. 12-13.
6. While not required by claim 12, Steaffens also discloses a
preservative in an amount overlapping the claimed range. See, e.g.,
col. 4, l. 66-col. 5, l. 6; col. 6, ll. 1-3 & 12-53.
7. Figard discloses aqueous compositions for immunoassays, inter alia,
“useful for stabilizing the immunoreactivity of antigens.” Col. 2,
ll. 39-54.
8. Figard’s teachings are relevant to Appellants’ dependent claims and
are not necessary to support the Examiner’s § 103(a) rejection of
claim 12.
6
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