Appeal No. 95-1178
Application 07/902,517
The examiner agrees that the appealed claims are 14 through 18, 22 through 24,
33 through 35, 38 through 40, 48 through 51 and 60. See the Examiner' s Answer, page 1.
However, there appears to be some confusion respecting other claims remaining in the
application. Merely by way of example, note that claim 25 (three times amended) was
entered in the administrative record in paper no. 18, filed June 17, 1993. Inexplicably, in
paper no. 20 mailed September 2, 1993, the examiner indicated that claim 25 has been
canceled. Likewise, the INDEX OF CLAIMS in the file wrapper indicates that claim 25 has
been canceled. In the Appeal Brief, page 2, appellants state that, according to their
records, claim 25 is a pending claim even though that claim does not constitute part of this
appeal. In the Examiner's Answer, page 1, the examiner confirms that "the statement of
the status of claims contained in the brief is correct".
On return of this application to the examining corps, we recommend that both
appellants and the examiner carefully review and clarify the status of every claim in the
application not subject to this appeal.
Claim 14, which is illustrative of the subject matter on appeal, reads as follows:
14. A method of determining the presence or amount of a target nucleic
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Last modified: November 3, 2007