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 )
)
)
______________________________)
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