Appeal No. 1996-1618
Application No. 07/876,804
indicates the presence of the desired sequence (page 2, lines 14-33). Richards discloses
a member of a specific binding pair, e.g., a nucleic acid probe, antigen or antibody,
immobilized on the surface of a piezoelectric oscillator (col. 2, lines 8-68). Immobilization
includes coating the surface of the oscillator with a polymer, applying the specific binding
pair member onto the polymer coated surface, and grafting the specific binding pair
member to the polymer by UV irradiation (col. 3, lines 7-11).
We find nothing in Hansen or Richards which makes up for the deficiencies in
Bastiaans, Wilchek and Katz. Accordingly, based on this record, the rejection of claims
17, 18, 23 and 26 over Bastiaans, Wilchek and Katz as applied to claims 17, 18, 22-25,
27 and 28 above, and further in view of Hansen and Richards is reversed.
CONCLUSION
To summarize, the decisions of the examiner to (I) reject claim 29 under
35 U.S.C. § 112, ¶¶ 1 and 2 for indefinitenss and lack of enablement; (II) to reject claims
17, 18, 22-25, 27 and 28 under 35 U.S.C. § 103 as being unpatentable over Bastiaans,
Wilchek and Katz; and (III) to reject claims 17, 18, 23 and 26 under
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