Appeal No. 2007-0056 Page 5
Application No. 09/906,511
(analytes) are mixed with sensitized insoluble carriers to form non-aggregated
and aggregated particles of known size.”1 Id. This evidence establishes that
Kosako teaches the first two steps (“a” and “b”) of appellants’ claimed invention.
Appellants do not specifically address these findings. Therefore, we find that
appellants concede that Kosako teaches the first two steps of their claimed
invention.
Appellants’ argument focuses on the last two steps (“c” and “d”) of their
claimed invention. Brief, page 4. In this regard, the examiner finds that Kosako’s
technique for determining the size distribution of the non-aggregated and
aggregated particles, and the analyte concentration differs from the PIDS
technique set forth in appellants’ steps “c” and “d”. Id. According to the
examiner, instead of using the PIDS technique as required by appellants’ step
“c”, Kosako discloses that “[t]he analyte is measured with an electronic analyzer
to determine quantity[ ]2 and size distribution of concentrated non-aggregated and
aggregated insoluble carriers resulting from the antigen/antibody reaction.” Id.
Emphasizing the difference between Kosako and the claimed invention,
appellants contend that Kosako “discloses a three-step measurement of size
distribution of non-aggregated and aggregated insoluble carrier particles in the
presence of spurious particles.” Brief, page 4.
1 The examiner finds (Answer, page 4), Kosako discloses that the aggregated particles are of
different sizes.
2 According to Kosako (column 1, lines 41-44), “[m]easuring the number of total carriers, in
comparison with the number and degree of aggregation of carriers, determines the concentration
of the antigen in the sample.”
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