Appeal 2007-0725
Reexamination Control 90/006,785
Patent 5,073,484
unique compared to other material involved in carrying out the test.”
(Deutsch at 8:60-67).
24. Deutsch provides examples of label such as those having fluorescent
or distinguishable light absorption properties or reactivity. (Deutsch at 8:65-
67).
25. “Particular preferred” labels are those “which are radioactive” such as
radioactive iodine. (Deutsch at 8:67-9:5).
Tom
26. Tom states that it provides “[m]ethod and apparatus for performing
immunoassays.” (Tom at 3:1-5).
27. Tom teaches the detection of an analyte where one of the reagents
comprises a “signal producing system.” (Tom at 3:47-49).
28. According to Tom, “the signal producing system will involve
radioactive substances, enzymes and chromogenic substances and
chromophores...” (Tom at 5:1-10).
Substantial New Question of Patentability
29. Deutsch is listed under “References Cited” on the face of the Swanson
patent.
30. According to Patentee, “Deutsch was not merely listed as considered
in the earlier prosecution; Deutsch was used in a rejection of a predecessor
method claim.” (Br. at 14, directing us to the Office Action of 7 September
1984).
31. In a 7 September 1984 Office Action in 06/467,229, the Examiner
rejected “[c]laims 3, 10, 11, and 13-16 under 35 USC 103 as being
unpatentable over either Morison or Bauer et al in view of Peurifoy et al as
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: September 9, 2013