Ex parte LAKOWICZ - Page 1





                  The opinion in support of the decision being entered today was not written for                           
                  publication and is not binding precedent of the Board.                                                   

                                                                                          Paper No. 17                     

                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                   
                                                      __________                                                           
                                    BEFORE THE BOARD OF PATENT APPEALS                                                     
                                                AND INTERFERENCES                                                          
                                                      __________                                                           
                                           Ex parte JOSEPH R. LAKOWICZ                                                     
                                                      __________                                                           
                                                 Appeal No. 1999-2814                                                      
                                                 Application 08/990,539                                                    
                                                      __________                                                           
                                                       ON BRIEF                                                            
                                                      __________                                                           
                  Before WILLIAM F. SMITH, SCHEINER, and GRIMES,  Administrative Patent                                    
                  Judges.                                                                                                  
                  GRIMES, Administrative Patent Judge.                                                                     

                                                DECISION ON APPEAL                                                         
                         This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                            
                  final rejection of claims 1, 2, 10, 14, 16, 21, and 23-33, all of the claims                             
                  remaining.  Claims 1 and 27 are representative and read as follows:                                      
                         1.     A method for determining a base sequence of a nucleotide strand                            
                                comprising the steps of:                                                                   
                                (a) providing a first probe, comprising a fluorescent metal-ligand                         
                                    complex coupled to a first oligonucleotide having a sequence                           
                                    complementary to a first fragment of said strand;                                      






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