Ex Parte HOFSTRAAT 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               written for publication and is not binding precedent of the Board.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. 24              


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
          Ex parte JOHANNES W. HOFSTRAAT, JAN W. VERHOEVEN, and MARIJN GOES           
                                    _____________                                     
                                Appeal No. 2004-0351                                  
                             Application No. 09/463,277                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before GARRIS, PAK, and POTEATE, Administrative Patent Judges.              
          GARRIS, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                   
               This is a decision on an appeal from the final rejection of            
          claims 1-6 which are all of the claims remaining in the                     
          application.                                                                
               The subject matter on appeal relates to a non-fluorescent              
          label which is suitable for making a charge-transfer fluorescent            
          probe having a donor-bridge-acceptor structure.  The label                  
          comprises a maleimide moiety and a donor-bridge-acceptor                    
          structure wherein the bridge is an 8-azabicyclo [3,2,1] octane              







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