The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte THOMAS B. HARVEY, III
__________
Appeal No. 2005-0549
Application No. 09/946,424
__________
ON BRIEF
__________
Before WILLIAM F. SMITH, ELLIS, and MILLS, Administrative Patent Judges.
WILLIAM F. SMITH, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims
1-3, 5-10, 14-20, and 28. Claims 4, 11-13, and 21-27 are pending but have been
withdrawn from consideration by the examiner.
Claim 1 is representative of the subject matter on appeal and read as follows:
1. An apparatus for detecting one or more analytes is [sic, in] a sample,
comprising:
a substrate having a test site identifiable by its position on the substrate;
a microsphere in proximity with the test site and attached to a ligand that
specifically binds with one of said analytes; and
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