Appeal No. 95-1178
Application 07/902,517
The references relied on by the examiner are:
Falkow et al. (Falkow) 4,358,535 Nov. 09, 1982
Stabinsky 4,751,177 Jun. 14, 1988
Vary, et al. (Vary) 0,200,057 May 11, 1986
(European Patent Application)
William I. Wood, et al. (Wood), "Base composition-independent
hybridization in tetramethylammonium chloride: A method for oligonucleotide
screening of highly complex gene libraries", Proc. Natl. Acad. Sci. USA,
Vol. 82, pp 1585-1588, (March 1985).
The issue presented for review is whether the examiner erred in rejecting claims 14
through 18, 22 through 24, 33 through 35, 38 through 40, 48 through 51 and 60 under 35
U.S.C. § 103 as unpatentable over the combined disclosures of Stabinsky, Vary, Wood,
and Falkow.
On consideration of the record, we reverse the rejection under 35 U.S.C. § 103 for
the reasons succinctly stated by appellants in their Appeal Brief (paper no. 22, filed April
11, 1994).
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