Ex Parte Cattell 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               The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                    ____________                                                     
                               BEFORE THE BOARD OF PATENT APPEALS                                                    
                                             AND INTERFERENCES                                                       
                                                    ____________                                                     
                                 Ex parte Herbert F. Cattell and Glenda C. Delenstarr                                
                                                    ____________                                                     
                                                Appeal No. 2006-0673                                                 
                                              Application No. 09/919,555                                             
                                                    ____________                                                     
                                                      ON BRIEF                                                       
                                                    ____________                                                     
             Before JERRY SMITH, BARRY, and GRIMES, Administrative Patent Judges.                                    
             BARRY, Administrative Patent Judge.                                                                     


                    A patent examiner rejected claims 1, 2, 4-16, and 45-54.  The appellants appeal                  
             therefrom under 35 U.S.C. § 134(a).  We affirm.                                                         


                                                 I. BACKGROUND                                                       
                    The invention at issue on appeal concerns the manufacture of biopolymer arrays.                  
             (Spec., p. 1, ll. 6-7.)  Biopolymer arrays of peptides or polynucleotides (e.g., DNA or                 
             RNA) are used as diagnostic or screening tools.  Such an array includes regions (i.e.,                  
             "features" or "spots") of usually different sequence biopolymers arranged on a                          
             substrate.  When exposed to a sample, the array will exhibit a pattern of binding                       









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