Ex Parte CHEN - 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                                    for publication and is not binding precedent of the Board.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. 13                         
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                     __________                                                            

                               BEFORE THE BOARD OF PATENT APPEALS                                                          
                                              AND INTERFERENCES                                                            
                                                      __________                                                           
                                                  Ex parte XIAN CHEN                                                       
                                                      __________                                                           
                                                 Appeal No. 2001-1880                                                      
                                              Application No. 09/273,835                                                   
                                                      __________                                                           
                                                       ON BRIEF                                                            
                                                      __________                                                           
              Before WINTERS, SCHEINER and MILLS, Administrative Patent Judges.                                            
              MILLS, 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 1-26, which are all of the claims pending in this application.                           
                     Claim 1, 4, 5, 8, 14 and 21 are illustrative of the claims on appeal and read as                      
              follows:                                                                                                     
                     1.  A method for determining the nucleotide composition of an oligonucleotide                         
              which comprises the steps of:                                                                                
                     (a) incorporating a stable, isotope-labeled form of one of the four nucleotide units                  
              of an oligonucleotide into the oligonucleotide under investigation in place of the ordinary                  
              nucleotide therein, the other three types of nucleotides in the oligonucleotide being                        
              unlabeled;                                                                                                   
                     (b) measuring the mass peak of the unlabeled oligonucleotide using mass                               
              spectrometry;                                                                                                







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