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for publication and is not binding precedent of the Board.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. 21
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte KAREN SHANNON
__________
Appeal No. 2004-0727
Application No. 09/690,173
__________
ON BRIEF
__________
Before SCHEINER, ADAMS and GREEN, Administrative Patent Judges.
ADAMS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the
examiner’s final rejection of claims 32-48, which are all the claims pending in the
application.
Claims 38 and 41 are illustrative of the subject matter on appeal and are
reproduced below:
38. A kit for use in linearly amplifying mRNA, said kit comprising:
an oligonucleotide promoter-primer comprising an RNA polymerase
promoter sequence; and
instructions to convert the mRNA to cDNA, and to then transcribe
the cDNA into RNA in the presence of a reverse transcriptase that is
rendered incapable of RNA-dependent DNA polymerase activity
during this transcription step.
41. A kit for use in linearly amplifying mRNA, said kit comprising:
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