Appeal No. 2001-1880
Application No. 09/273,835
Arlinghaus.
Claims 1-4, 6-11 and 13 stand rejected under 35 U.S.C. 103 as obvious over
Arlinghaus in view of Rothberg.
Claims 1-26 stand rejected under 35 U.S.C. 103 as obvious over Arlinghaus and
Rothberg in view of Lizardi.
DISCUSSION
In reaching our decision in this appeal, we have given consideration to the
appellant's specification and claims, to the applied references, and to the respective
positions articulated by the appellant and the examiner.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the noted rejections, we make reference to the examiner’s
Answer for the examiner’s reasoning in support of the rejection, and to the appellant's
Brief and Reply Brief for the appellant's arguments thereagainst. As a consequence of
our review, we make the determinations which follow.
Background
According to the specification (page 6, lines 14-18) the invention includes “the
generation of nucleotide specific, stable isotope 13C/15N/2H-labeled DNA coupled with
analysis of the resulting mass shifts using mass spectroscopy (MS) to determine the
number of each type of the labeled nucleotide.” The claimed invention (claim 1) is
4
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