Ex Parte MC NEIL et al - Page 2



                Appeal No.  2003-1017                                                                                 Page 2                    
                Application No. 08/287,358                                                                                                      
                plate, said method comprising the steps of:                                                                                     
                         distributing a predetermined amount of a liquid to a number of said plurality of                                       
                wells;                                                                                                                          
                         receiving an image of emissions emitted from said plurality of wells                                                   
                simultaneously over a predetermined period of time, the image comprising an entire                                              
                view of each of the plurality of wells; and                                                                                     
                         processing emissions data from the received image.                                                                     
                         32.  A method for scheduling and performing a plurality of fluorescence assays                                         
                using a plurality of plates each including a plurality of wells, the method comprising the                                      
                steps of:                                                                                                                       
                         storing data representing at least first and second tracks and at least one critical                                   
                point at which the first and second tracks are tied together in time, each of the first and                                     
                second tracks defining a set of assay operations in time, at least a portion of the set of                                      
                assay operations of the first track to be performed simultaneously with the second                                              
                track; and                                                                                                                      
                         performing at least a portion of the sets of assay operations on at least one of                                       
                the plates such that a portion of the set of assay operations of the second track defined                                       
                prior to the at least one critical point is finished before beginning a portion of the set of                                   
                assay operations of the first track defined after the at least one critical point.                                              
                         36.  A method for simultaneously performing a plurality of fluorescence assays                                         
                using a plate containing a plurality of wells, the method comprising the steps of:                                              
                         detecting fluorescence emitted from each of the plurality of wells; and                                                
                         displaying in real or pseudo real time a graphical representation of the                                               
                fluorescence emitted from each of the plurality of wells, the graphical representation                                          
                indicating an arrangement in the plate of the plurality of wells.                                                               
                         The references relied on by the examiner are:                                                                          
                Tillotson                                  5,053,626                                 Oct. 1, 1991                               
                Chow et al. (Chow)                         5,112,134                                 May 12, 1992                               
                Bjornson et al. (Bjornson)                 5,125,748                                 Jun. 30, 1992                              
                Ellis et al. (Ellis)                       5,407,820                                 Apr. 18, 1995                              
                Akong et al. (Akong)                       WO 93/13423                               Jul. 8, 1993                               
                         The claims stand rejected as follows:                                                                                  
                         I.  Claims 15, 17-28, 36-39 and 41-44 under 35 U.S.C. § 102 (b) as anticipated                                         
                by Akong.                                                                                                                       
                         II.  Claims 15, 18-23, 27, 28, 32-38, 41 and 42 under 35 U.S.C. § 103 as                                               
                unpatentable over Bjornson and Chow.                                                                                            
                         III.  Claims 24-26, 43 and 44 under 35 U.S.C. § 103 as unpatentable over                                               
                Bjornson, Chow and Ellis.                                                                                                       
                         IV.  Claims 17 and 39 under 35 U.S.C. § 103 as unpatentable over Bjornson,                                             


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