Ex Parte 5073484 et al - Page 5

                Appeal 2007-0725                                                                                
                Reexamination Control 90/006,785                                                                
                Patent 5,073,484                                                                                
                radioactivity  of  the  zones,  etc.  For  many  reactions,  detection  is                      
                signaled by a change in pH, and the detector may hence take the form                            
                of a pH color indicator such as phenolphthalein, Nile Blue A, Thymol                            
                Blue, and Methyl Violet. In other tests, one may detect the presence or                         
                absence of the appropriate chemical moiety in a reaction zone by                                
                observing  whether  a  solid  reaction  product  has  settled  upon  the                        
                succeeding spacer layer. Various detector mechanisms are known to                               
                the  art,  and  need  not  be  described  in  detail.  In  the  preferred                       
                embodiment, however, which makes use of immunochemical reaction                                 
                between the analyte or the analyte and its derivative and the reactant,                         
                often very small concentrations of analyte are to be measured and                               
                accordingly a magnifying or amplifying mechanism may suitably be                                
                employed. One such mechanism makes use of enzymes to promote                                    
                the reaction of a reaction product with a detector moiety to in turn                            
                provide a visual color indication. ….  A variety of modifications of                            
                this procedure, of course, are known to the art. (Swanson at 8:47-68                            
                through 9:1-30).                                                                                
                3. Patentee has not directed us to a specific definition of the following                       
                claim terms:                                                                                    
                       “labeled”                                                                                
                       “chemical moiety”                                                                        
                       “reaction zone”                                                                          
                                                    Weiss                                                       
                4. Weiss  states  that  “[t]his  invention  relates  to  an  immunologically                    
                specific  reagent  which  can  be  employed  to  obtain  a  visual  readout  for                
                immunological reactions.”  (Weiss at 1:32-34).                                                  
                5. In  the  Weiss  test,  cellulosic  particles  are  chemically  linked  to  the               
                immunological counterpart of the material to be detected.  (Weiss at 1:49-                      
                55).                                                                                            



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