Appeal No. 2007-0056 Page 3
Application No. 09/906,511
GROUNDS OF REJECTION
Claims 1-2 and 14 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over the combination of Kosako, ‘221 and ‘978.
Claims 3-6 stand rejected under 35 U.S.C. § 103(a) as being unpatentable
over the combination of Kosako, ‘221, ‘978, and Chandler.
Claims 8-13 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over the combination of Kosako, ‘221, ‘978, and Hansen.
We affirm.
DISCUSSION
The combination of Kosako, ‘221 and ‘978:
Claims 1-2 and 14 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over the combination of Kosako, ‘221, and ‘978. Appellants do not
separately group or argue the claims. Accordingly, the claims will stand or fall
together. Since all claims stand or fall together, we limit our discussion to
representative claim 1. Claims 2 and 14 stand or fall together with claim 1. In re
Young, 927 F.2d 588, 590, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991).
Accordingly, we limit our discussion to representative claim 1.
Claim 1 is drawn to a method for determining the concentration of an
analyte in a sample. The method comprises four steps. The first step provides
for two alternative mixing embodiments. The first embodiment requires the
mixing of a sample comprising an unknown concentration of analyte with a
known amount of sensitized particles in an assay medium to form a first reaction
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