Ex Parte SCHEMBRI - 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                                    for publication and is not binding precedent of the Board.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. 49                     
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                      __________                                                          
                               BEFORE THE BOARD OF PATENT APPEALS                                                         
                                             AND INTERFERENCES                                                            
                                                      __________                                                          
                                            Ex parte CAROL T. SCHEMBRI                                                    
                                                      __________                                                          
                                                 Appeal No. 2003-1738                                                     
                                              Application No. 08/739,396                                                  
                                                      __________                                                          
                                                       ON BRIEF                                                           
                                                      __________                                                          
                 Before WILLIAM F. SMITH, SCHEINER, and GRIMES, Administrative Patent                                     
                 Judges.                                                                                                  
                 GRIMES, 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 4, 5, 8-11, and 37-61, all of the claims remaining.  Claim                     
                 37 is representative and reads as follows:                                                               
                         37.    A process for constructing an chemical array comprising a plurality                       
                                of species of bioorganic molecules in a predetermined                                     
                                arrangement, said process comprising the steps of:                                        
                                1)     for each species of said plurality of bioorganic molecules,                        
                                constructing a batch of separate tiles by:                                                
                                       (a)    providing a unit of a substantially planar solid material                   
                                       having an attachment surface;                                                      







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