Appeal 2007-0725
Reexamination Control 90/006,785
Patent 5,073,484
The patent under reexamination is US patent 5,073,484, issued on 17
December 1991 from Application 06/467,229, filed 23 February 1983.
(‘484).2
In rejecting claims 22-25 of the patent,3 the Examiner relies upon
the following references:
(1) Weiss, US patent 3,641,235, issued on 8 February 1972 from
Application 04/772,852, filed 1 November 1969 (Weiss).
(2) Deutsch et al., US patent 4,094,647, issued on 13 June 1978
from Application 05/701,762, filed 2 July 1976 (Deutsch).
(3) Tom et al., US patent 4,366,241, issued on 28 December 1982
from Application 06/176,177, filed 7 August 1980. (Tom)
(Examiner’s Answer (“Answer”) at 3).
The Brief contains an evidence appendix ("App") containing:
1) a Declaration from Julian Gordon under 37 CFR 1.132,
2) Cleeland, US patent 4,018,884, issued on 19 April 1977 from
Application 05/668,180, filed 18 March 1976. (Cleeland)
3) Murachi, Enzyme Immunoassay, 4th ed., (1981), p. 5.
(Murachi).
2 The application is said to be a continuation-in-part of Application
07/356,459, filed 9 March 1982.
3 The Examiner confirms the patentability of the remaining claims of
the patent, i.e., claims 1-21 and 26. (Examiner’s Answer (Answer) at 6-7).
While the Patentee states (and the Examiner agrees) that “a decision with
regard to entering new claims 27-29 has not been made” (Br. at 5, Answer at
2), our understanding is that the Examiner has decided to enter these claims
since the Examiner gives reasons why the claims have been found to be
allowable. (Answer at 7).
2
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