Ex Parte CASTRO - 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                                    for publication and is not binding precedent of the Board.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 ALONSO CASTRO                                                       
                                                      __________                                                          
                                                Appeal No. 2003-0892                                                      
                                             Application No. 09/454,3851                                                  
                                                      __________                                                          
                                                       ON BRIEF                                                           
                                                      __________                                                          
              Before SCHEINER, ADAMS and GREEN, Administrative Patent Judges.                                             
              SCHEINER, Administrative Patent Judge.                                                                      
                                                DECISION ON APPEAL                                                        
                     This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1-12,                     
              all of the claims in the application.                                                                       
                     Claim 1, the sole independent claim, is representative:                                              
                     1.  A method for identifying single molecules having a target DNA or RNA                             
              sequence comprising the steps of:                                                                           
                     selecting a primer having a 3'-hydroxyl group at one end and having a sequence                       
              of nucleotides to specifically hybridize with an identifying sequence of nucleotides in the                 
              target DNA;                                                                                                 
                     hybridizing the primer to the identifying nucleotide sequences of the target DNA                     
              or RNA sequence;                                                                                            
                     extending the primer along the target sequence by progressively binding a                            
              plurality of nucleotides to the primer that are complementary to the corresponding                          
              nucleotides on the target sequence to form a reporter molecule, where the                                   
              complementary nucleotides include nucleotides labeled with a fluorophore; and                               
                     detecting fluorescence emitted by fluorophores on individual reporter molecules                      
              by a process selected from the group consisting of flow cytometry and single molecule                       

                     1 Application for patent filed December 3, 1999.  According to appellant, this                       
              application claims the benefit of provisional application serial no. 60/113,139, filed                      
              December 18, 1998.                                                                                          


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