Ex Parte Saito et al - Page 9

                 Appeal 2007-2363                                                                                        
                 Application 10/253,967                                                                                  
                 zone.”  The Examiner does not point to, and we cannot find, assays in which                             
                 the probe and the target nucleic acids have the recited properties, and we are                          
                 thus compelled to reverse the rejection as to claim 9 and the claims                                    
                 dependent thereon, i.e., claims 10-19.                                                                  
                                                   CONCLUSION                                                            
                        In summary, the rejection of claims 1-6 and 8-20 under 35 U.S.C. §                               
                 102(b) as being anticipated by Guo, is affirmed as to claims 1-8 and 20 (to                             
                 the extent claim 20 depends from claim 1), and reversed as to claims 9-19.                              
                        No time period for taking any subsequent action in connection with                               
                 this appeal may be extended under 37 C.F.R. § 1.136(a).                                                 


                                               AFFIRMED-IN-PART                                                          






                 lbg                                                                                                     

                 MARSHALL, GERSTEIN & BORUN LLP                                                                          
                 233 S. WACKER DRIVE, SUITE 6300                                                                         
                 SEARS TOWER                                                                                             
                 CHICAGO IL 60606                                                                                        






                                                           9                                                             

Page:  Previous  1  2  3  4  5  6  7  8  9

Last modified: September 9, 2013