Ex Parte GLUSENKAMP et al - Page 1


                         The opinion in support of the decision being entered today was not written           
                                for publication and is not binding precedent of the Board.                    
                                                                                Paper No.  33                 
                       UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                                    Ex parte KARL-HEINZ, GERTUND and                                          
                                    GERTUND EBERLE-ADAMKIEWICS                                                
                                                __________                                                    
                                            Appeal No. 2001-0756                                              
                                         Application No. 08/666,400                                           
                                                __________                                                    
                                                 ON BRIEF                                                     
                                                __________                                                    
                Before WINTERS, SCHEINER, and ADAMS, Administrative Patent Judges.                            
                ADAMS, Administrative Patent Judge.                                                           
                                           DECISION ON APPEAL                                                 
                      This is a decision on the appeal under 35 U.S.C. § 134 from the                         
                examiner’s final rejection of claims 58-67, which are all the claims pending in the           
                application.                                                                                  
                      Claim 58 is illustrative of the subject matter on appeal and is reproduced              
                below:                                                                                        
                      58. A method for immobilizing biomolecules and affinity ligands, said                   
                          method comprising the steps of:                                                     
                             a) reacting water insoluble matrices, having amino groups and                    
                                being selected from the group consisting of test tubes, microtiter            
                                plates, microscope slides, beads, membranes, resins, and                      
                                filters, with a cyclobutene carboxylic acid derivative, selected              
                                from the group consisting of cyclobutene carboxylic acid diester,             
                                cyclobutene carboxylic acid halide, cyclobutene carboxylic acid               
                                ester halide, cyclobutene carboxylic acid dialkoxyester, and                  
                                cyclobutene carboxylic acid imidazole, as an activating                       





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