Ex parte BAKER et al. - Page 7




          Appeal No. 95-1682                                                          
          Application 07/853,459                                                      



          many more that 10,000 bases.       We note that Appellants                  
          state on page 4 of the reply brief that claims 13 and 16 stand              
          or fall with claim 8.  There-  fore, we will sustain the                    
          Examiner's rejection of Appellants' claims 8, 13 and 16.                    
                    In regard to claim 4, Appellants argue on pages 4-6               
          of the reply brief and pages 3-4 of the supplemental reply                  
          brief that claim 4 distinguishes the teachings of Maizel and                
          Pustell by claiming "[a]pparatus for displaying similarities                
          between lines of text in a sequence of n lines of text."                    
          Appellants argue that Pustell and Maizel compare elements that              
          are single characters (G,C,T,A) while Appellants’ claim 4                   
          requires the elements to be lines of text.                                  
                    However, the Examiner points out in the answer that               
          Pustell and Maizel teach the comparison of bases (G,C,T,A)                  
          which are nucleotides.  The Examiner argues that these nucleo-              
          tides are a sequence of characters that are a line of text.                 
                    We note that a claimed "line of text" does not                    
          require that the line be made of words.  Furthermore, Appel-                
          lants' claim language does not preclude the Examiner's inter-               
          pretation that a base (G,C,T or A) is a token repesenting a                 

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