Appeal 2007-2955
Application 10/190,425
BACKGROUND
“Living cells utilize unique and elaborate sets of surface molecules,
which provide for signaling pathways, interactions with other cells,
structural variation, function, and the like” (Spec. ¶ 2). “The behavior and
fate of a cell is strongly dependent both on [its] internal state, and on
complex cell-cell and cell-ECM [extra cellular membrane] interactions
mediated by such cell surface molecules” (id.).
The present invention is directed to methods “in which cells are
profiled with respect to their expression of cell surface molecules, and
ability to respond to external stimulus in the microenvironment” (id. at ¶ 8).
STATEMENT OF THE CASE
Claims 1-4, 6, 10, 31, and 33 stand rejected under 35 U.S.C. § 103(a)
as unpatentable over Belov3 or Chang,4 in view of Taylor5 and Wagner.6
Appellants indicate that “Claim 31 is separately considered, as it is
drawn to methods wherein at least two cell types interact[,] [and] Claim 33
is separately considered, as it is drawn to hydrogel coated slides” (Appeal
Br. 9-10). However, Appellants do not present separate arguments for the
patentability of these claims. “A statement which merely points out what a
claim recites will not be considered an argument for separate patentability of
a claim.” 37 C.F.R. § 41.37(c)(1)(vii). Therefore, we will focus on claim 1
3 Belov et al., Immunophenotyping of Leukemias Using a Cluster of
Differentiation Antibody Microarray, 61 Cancer Research 4483-4489 (June
2001).
4 U.S. Patent 4,591,570 to Chang, issued May 27, 1986.
5 U.S. Patent 6,103,479 to Taylor, issued August 15, 2000.
6 U.S. Patent 6,329,209 B1 to Wagner et al., issued December 11, 2001.
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