Ex Parte BENTLEY 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                                    for publication and is not binding precedent of the Board.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. 30                     
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                       __________                                                            
                                BEFORE THE BOARD OF PATENT APPEALS                                                           
                                              AND INTERFERENCES                                                              
                                                       __________                                                            
                                          Ex parte WILLIAM E. BENTLEY, and                                                   
                                                      RYAN T. GILL                                                           
                                                       __________                                                            
                                                  Appeal No. 2003-0903                                                       
                                               Application No. 09/534,366                                                    
                                                       __________                                                            
                                                        ON BRIEF                                                             
                                                       __________                                                            
                  Before SCHEINER, GRIMES, and GREEN, Administrative Patent Judges.                                          
                  GRIMES, Administrative Patent Judge.                                                                       

                                                 DECISION ON APPEAL                                                          
                         This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                              
                  final rejection of claims 1-32, all of the claims in the application.  Claim 1 is                          
                  representative and reads as follows:                                                                       
                         1.      A method for differential display analysis of mRNA via a single                             
                                 amplification, the method comprising the steps of:                                          

                                        adding a reverse transcription reaction first primer mixture                         
                                 comprising  13  random  10  and  timer  primers  in  equal  molar                           
                                 amounts selected from the group consisting of RT1, RT2, RT3,                                
                                 RT4, RT5, RT6, RT7, RT8, RT9, RT10, PCR1, PCR3 and PCR5 to                                  
                                 a first nucleic acid sample including a first mixture of mRNA to form                       
                                 a first primer/first nucleic acid sample mixture;                                           






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