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for publication and is not binding precedent of the Board.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. 45
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte JOHN A. McNEIL, MICHAEL A. AKONG, DONALD J. MIERZESKI,
GONUL VELICELEBI and DAVID P. KARLTON
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Appeal No. 2003-1017
Application No. 08/287,358
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HEARD: October 21, 2003
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Before WILLIAM F. SMITH, SCHEINER and GRIMES, Administrative Patent Judges.
SCHEINER, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of
claims 15, 17-28, 32-39 and 41-44, the only claims remaining in the application. Claims
15, 19, 32 and 36 are representative of the subject matter on appeal:
15. A method for simultaneously performing a plurality of fluorescence assays
using a multi-well plate containing a plurality of wells distributed throughout at least a
portion of said multi-well plate, said method comprising the steps of:
distributing a predetermined amount of a liquid to a number of said plurality of
wells;
projecting excitation radiation uniformly onto the portion of said multi-well plate
throughout which the plurality of wells are distributed, thereby simultaneously and
uniformly illuminating both said plurality of wells and the portion that is disposed
between each of said plurality of wells;
receiving an image of fluorescence emitted from said plurality of wells
simultaneously over a predetermined period of time; and
processing fluorescence data from the image.
19. A method for simultaneously performing a plurality of signal-based assays,
each of said plurality of assays performed in one of a plurality of wells on a multi-well
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