Ex Parte Krulevitch et al - Page 2

                Appeal 2007-1369                                                                                   
                Application 10/032,257                                                                             
                       a body comprising a silicon substrate and a glass substrate positioned                      
                together,                                                                                          
                       a cutter having a tapered opening with a sharp edge for cutting the                         
                tissue, said cutter located in said silicon substrate,                                             
                       a specimen chamber located in said silicon substrate and said glass                         
                substrate immediately below said cutter, said specimen chamber positioned                          
                to directly receive the tissue cut by said cutter,                                                 
                       a specimen treatment and analysis chamber located in said silicon                           
                substrate and said glass substrate abutting and connected directly to said                         
                specimen chamber and located adjacent said specimen chamber,                                       
                       an analysis unit in said specimen treatment and analysis chamber,                           
                       a PCR reaction chamber located in said silicon substrate and said                           
                glass substrate directly abutting and connected directly to said specimen                          
                treatment and analysis chamber, said PCR reaction chamber constructed to                           
                receive the tissue from said specimen treatment and analysis chamber, and                          
                       a heating unit in said body adjacent said PCR reaction chamber.                             
                       The Examiner relies upon the following references as evidence of                            
                obviousness:                                                                                       
                Pourahmadi   WO 99/33559  Jul. 8, 1999                                                             
                Krulevitch ('217)  US 5,985,217  Nov. 16, 1999                                                     
                Krulevitch ('474)  US 6,219,474 B1  Nov. 20, 2001                                                  
                       Appellants' claimed invention is directed to a microfabricated biopsy                       
                and analysis instrument for tissue.  The instrument consists of, inter alia, a                     
                specimen treatment and analysis chamber located in silicon and glass                               
                substrates positioned together, and a PCR reaction chamber also located in                         
                the silicon and glass substrates.  The PCR reaction chamber directly abuts                         



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