Ex Parte BALABAN et al - Page 11



                   Appeal No. 2006-3105                                                                                           
                   Application No. 09/397,494                                                                                     

                   Examiner has additionally relied upon the teachings of Dehlinger as we have addressed                          
                   above and do not find that Appellants have shown error in this combination.  The                               
                   Examiner’s reliance upon the teachings of Wong with respect to having a more flexible                          
                   and user friendly interface for set up and display seems to be an obvious improvement in                       
                   the interface of Layne.  While we find that Layne alone teaches the recited limitations,                       
                   we find the Examiner’s reliance upon the express teachings of Wong to more clearly                             
                   teach and suggest the interface that we find suggested in Layne at col. 11, ll. 39-46 to be                    
                   well founded.  Therefore, Appellants' argument is not persuasive.                                              
                          In the Reply Brief at pages 6-7, Appellants again reiterate the argument that it                        
                   would have been obvious to one skilled in the art at the time of the invention to have                         
                   combined the teachings of the references applied.  Again, we do not find this argument                         
                   persuasive, as discussed above.                                                                                
                          Since Appellants have not shown error in the Examiner’s prima facie case of                             
                   obviousness, we will sustain the rejection of independent claim 32 and the claims                              
                   grouped therewith.                                                                                             
                          With respect to independent claim 26 and the combination of McCasky Feazel                              
                   and Layne, Appellants maintain that Layne does not provide any teaching or suggestion                          
                   of communicating data from a probe array experiment over a computer network and                                
                   Layne is limited to conventional robotic microtiter experimental techniques.  As                               
                   discussed above, we find no express limitation in independent claim 26 to distinguish                          
                   over Layne and Appellants have not identified any express definition in the specification                      
                   which would distinguish over the conventional robotic microtiter experiment results                            


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