Ex Parte NEERVEN - Page 8

                 Appeal 2007-1070                                                                                      
                 Application 09/467,901                                                                                

                 (Frank, col. 2, ll. 17-25.)                                                                           
                                                      Johnson                                                          
                 14.  Johnson teaches that CD23 is a cellular receptor for IgE (Answer 6).                             
                           Obviousness over Johansen and Frank in view of Johnson                                      
                 15.  The Examiner contends:                                                                           
                        It would have been obvious to one of ordinary skill in the art to                              
                        use the IgE receptors of Johnson et al. and Frank et al. to                                    
                        measure IgE according to the method of Johansen et al. since                                   
                        both of these receptors, CD23 and [FcεR], are specific to IgE                                  
                        antibody and because [FcεR] and CD23 can bind to IgE with                                      
                        less isotype cross-reactivity and more sensitivity than anti-IgE                               
                        binding antibodies. (See Frank et al. Col. 1, lines 19-34).                                    
                 (Answer 6.)                                                                                           
                                                       Arnold                                                          
                 16.  Arnold teaches                                                                                   
                        in the background section that a typical sandwich assay                                        
                        involve[s] incubating an immobilized antibody (IgE receptor)                                   
                        with a test medium (sample). Antigens, if in the medium, will                                  
                        bind to the antibody. After incubation, unbound antigen is                                     
                        removed in a separation step. After a second, or simultaneous                                  
                        incubation with a solution of labeled antibody, the bound                                      
                        antigen becomes sandwiched between the immobilized                                             
                        antibody and the labeled antibody. After a second separation                                   
                        step, the amount of labeled antibody can be determined as a                                    
                        measure of the antigen in the medium. (see col. 1, lines 55-66).                               
                 (Answer 7.)                                                                                           
                                             Obviousness over Arnold                                                   
                 17.  The Examiner states that it would have been obvious to a person of                               
                 ordinary skill in the art to have utilized first and second separation steps as                       
                 taught by Arnold for their known advantages (Answer 7).                                               

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