Appeal 2007-1824
Application 10/639,718
microspot1 of the array and unlabeled target which competes with the
labeled cognate ligands for binding sites on the array (Lahiri 6: ¶ 0081).
Therefore, Lahiri teaches the step of contacting a cocktail solution with an
array in the presence of a target compound. According to Lahiri, the affinity
of the target for the probe microspot relative to the labeled ligand is
determined by the decrease in the amount of binding of the labeled ligand.
But for the specific affinity, specificity, and cross-reactivity of the
cognate ligands, Lahiri teaches the method set forth in Appellants’ claim 1.
The Examiner relies on Matray and Jordan to make up for this deficiency in
Lahiri. Specifically, the Examiner finds that Matray “teaches a plurality of
specific binding pairs, each having a dissociation constant of 1 nM, in order
to provide high affinity between the binding partner and analyte in assays to
simultaneously detect a plurality of analytes in a sample. See column 3,
lines 43-44 and column 13, lines 9-23” (Answer 6). In addition, the
Examiner finds that Jordan “teaches highly selective ligands that eliminate
any possibility of cross-reactivity between receptor types, in order to
understand GPCR dimerization in a specific compound receptor field and to
clarify the mechanism of the compounds towards the development of novel
1 Clearly, to perform a competitive assay on an array comprising microspots
of different proteins, the labeled cognate ligands must be capable of binding
to each protein microspotted to the substrate. To do otherwise would defeat
the intended purpose of the competitive binding assay. See KSR Int’l Co. v.
Teleflex Inc., 127 S. Ct. 1727, 1741, 82 USPQ2d 1385, 1396 (2007) (It is
proper to “take account of the inferences and creative steps that a person of
ordinary skill in the art would employ.”). See also id. at 1742, 82 USPQ2d
at 1397 (“A person of ordinary skill is also a person of ordinary creativity,
not an automaton.”).
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: September 9, 2013