FURTHER ORDERED that the subject matter of Livak claims 1, 3, 14 and 24 is no impediment under the law to the issuance of a patent to Han. FURTHER ORDERED that the subject matter of Han claims 102-108 is no basis for cancellation of Livak claims 1, 3, 14 or 24. FURTHER ORDERED that if there is a settlement agreement between the parties, attention is directed to 35 U.S.C. § 135(c). FURTHER ORDERED that the examiner's attention is directed to Paper 60, page 27 ("VI. Recommendation under 37 CFR § 1.659(a)), wherein the motions panel stated:. [W]e recommend that upon resumption of ex parte prosecution, the examiner reject at least Han claims 102, 103 and 105-108 as unpatentable over Lee (Ex 1020) under 35 U.S.C. § 102. Specifically, the double stranded nucleic acid sequence of Han claim 102(i) is anticipated by the hybridized Lee probe. The examiner may also consider whether Han claims 102-108 fully satisfy the requirements of 35 U.S.C. § 112, first (enablement and written description) and second (definiteness) paragraphs. ______________________________) FRED E. McKELVEY, Senior ) Administrative Patent Judge ) ) ) ______________________________) - 28 -Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NextLast modified: November 3, 2007