Appeal No. 1996-2442
Application 08/062,021
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1
through 8, 10 through 13, 16 through 20, 22 through 27, 30, 31, 33 and 35 through 37,
and from the rejection of claims 38 through 42, newly rejected in the Examiner’s
Answer. Claims 1, 22, 37 and 38 are representative of the subject matter on appeal
and are reproduced as an Appendix to this opinion.
The references relied on by the examiner are:
Findlay et al. (Findlay) WO 90/08840 Aug. 9, 1990
Chamberlain et al. (Chamberlain), “Deletion Screening of the Duchenne Muscular
Dystrophy Locus via Multiplex DNA Amplification,” Nucleic Acids Research, Vol. 16, No.
23, pp. 11141-11155 (1988).
Gibbs et al. (Gibbs), “Multiplex DNA Deletion Detection and Exon Sequencing of the
Hypoxanthine Phosphoribosyltransferase Gene in Lesch-Nyhan Families,” Genomics,
Vol. 7, pp. 235-244 (1990).
Brytting et al. (Brytting), “Cytomegalovirus DNA Detection of an Immediate Early Protein
Gene with Nested Primer Oligonucleotides,” Journal of Virological Methods, Vol. 32, pp.
127-138 (1991).
Nedjar et al. (Nedjar), “Co-amplification of Specific Sequences of HCV and HIV-1
Genomes by using the Polymerase Chain Reaction Assay: A Potential Tool for the
Simultaneous Detection of HCV and HIV-1,” Journal of Virological Methods, Vol. 35, pp.
297-304 (1991).
After entry of two new rejections in the Examiner’s Answer, the claims stand
rejected as follows:
I. Claims 1 through 8, 10 through 13, 16 through 20, 22 through 27, 30,
31, 33, 35 through 37, and 39 through 42 under 35 U.S.C. § 103 as
unpatentable over Nedjar, Brytting, Gibbs and Findlay.
2
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