Appeal No. 2003-1103 Page 2
Application No. 09/212,029
a sample flow channel having a cross-section and
extending from said inlet port; and
a polynucleotide polymerization reaction chamber
having a cross-section and being in fluid communication with
said flow channel, said chamber containing reagents for the
polymerization reaction, said flow channel and said reaction
chamber having at least one cross-sectional dimension of
width or depth which is between about 0.1 to 500 µm said
reaction chamber cross-section and said flow channel cross-
section being dissimilar;
means for thermally regulating the contents of said chamber
whereby the temperature is controlled to amplify said preselected
polynucleotide; and
means for detecting said amplified polynucleotide.
The examiner relies on the following references:
Schnipelsky et al. (Schnipelsky) 5,229,297 Jul. 20, 1993
Wilding et al. (Wilding) 5,498,392 Mar. 12, 1996
Claims 12-15, 23, 39, 40, and 44-47 stand rejected under 35 U.S.C.
§ 102(e) as anticipated by Schnipelsky.
Claims 44 and 46 stand rejected for obviousness-type double patenting
over claim 15 of Wilding.
We reverse.
Background
The specification discloses devices for amplifying a preselected
polynucleotide in a sample by conducting a polynucleotide polymerization
reaction. Specification, page 50. In this field, methodologies for using
polymerase chain reaction (“PCR”) to amplify a segment of DNA are well
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