Ex Parte DEININGER et al - 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                                    for publication and is not binding precedent of the Board.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. 18                     
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                      __________                                                          
                               BEFORE THE BOARD OF PATENT APPEALS                                                         
                                             AND INTERFERENCES                                                            
                                                      __________                                                          
                                Ex parte PRESCOTT DEININGER and DAVID KASS                                                
                                                      __________                                                          
                                                 Appeal No. 2001-1949                                                     
                                              Application No. 08/958,009                                                  
                                                      __________                                                          
                                                       ON BRIEF                                                           
                                                      __________                                                          
                 Before WINTERS, WILLIAM F. SMITH, 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 3-12, all of the claims remaining.  Claim 9 is representative                  
                 and reads as follows:                                                                                    
                         9. A process of estimating ethnic affiliation, the process comprising:                           
                                A.        providing a DNA sample from a human, the sample                                 
                                          containing DNA having Alu U and Alu D regions; and                              
                                B.        determining haplotypes within the Alu U and Alu D                               
                                          regions; and                                                                    
                                C.        estimating the ethnic affiliation of the human from the                         
                                          discrimination coefficient for each ethnic group.                               






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