Appeal No. 2003-1017 Page 5
Application No. 08/287,358
fiber-optic light sources and detectors dedicated to illuminating and detecting individual
wells” (id.). Finally, appellants argue that Akong “fails to teach or suggest displaying a
graphical representation indicating the arrangement in the plate of a plurality of wells”
(id., page 33).
In response, the examiner offers several irrelevant arguments. First, that
“[Akong’s] apparatus can align one or more different wells to be assayed . . . [which]
would then encompass exciting and reading any number of wells in a given plate”
(Answer, page 10); that “the teachings of Akong would inherently configure exciting and
reading wells irrespective of their arrangements” (id., page 11); and finally, that “the
data obtained from the apparatus of Akong is generally charted as a curve and may be
charted in real time or not . . . [n]o novelty is seen in charting data real time” (id.).
The examiner’s conclusory statements and irrelevant arguments are insufficient
to discharge the Office’s initial burden of establishing a prima facie case of anticipation.
Accordingly, we reverse the rejection of claims 15, 17-28, 36-39 and 41-44 under 35
U.S.C. § 102(b) as anticipated by Akong.
Obviousness
The claims stand rejected as follows: claims 15, 18-23, 27, 28, 32-38, 41 and 42
as unpatentable over Bjornson and Chow; claims 24-26, 43 and 44 as unpatentable
over Bjornson, Chow and Ellis, and claims 17 and 39 as unpatentable over Bjornson,
Chow and Tillotson. The salient limitations of claims 15, 17-28, 36-39 and 41-44 are
discussed above. Claims 32-35, directed to a method for scheduling and performing a
plurality of fluorescence assays using a plurality of plates each including a plurality of
wells, require
storing data representing at least first and second tracks and at least one
critical point at which the first and second tracks are tied together in time,
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