Appeal 2007-0725
Reexamination Control 90/006,785
Patent 5,073,484
6. An acidic indicator material, e.g., a dye such as fluorescein, is
physically adsorbed onto the immunological counterpart. (Weiss at 1:55-
58).
7. If the sample contains the material to be detected, the “indicator
material will either be released from the particle or will become affixed
thereto through chemical action” depending upon the immunological
counterpart used. (Weiss at 1:58-62).
8. Weiss states that “[t]he immunological reaction provides a definite
visual effect which can be easily observed.” (Weiss at 4:66-67).
9. Regarding Weiss, Patentee provides testimony from Dr. Julian Gordon,
who identifies himself as a “Senior Research Fellow in the Volwiler Society
at Abbott Laboratories [an exclusive licensee of the ‘484 patent], and also a
licensing manager.” (Gordon’s Declaration at ¶1).
10. Dr. Gordon states that “Weiss does not disclose labeling with a
chemical moiety as called for in claim 23” since the association by
absorption is “transient.” (Gordon’s Declaration at ¶ 5).
11. Dr. Gordon states that he “seriously doubt[s] that the Weiss assay
would actually work.” (Gordon’s Declaration at ¶ 6).
12. Dr. Gordon testifies that he “has never seen one in use in all [his]
years working in the field.” (Gordon’s Declaration at ¶ 6).
13. Dr. Gordon states that he “conducted a search of U.S. patents that
include Weiss as a cited reference” and that “[n]one of these patents make
use of an adsorbed dye that in use can be disassociated from its ligand or
anti-ligand.” (Gordon’s Declaration at ¶ 7).
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: September 9, 2013