The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte Richard J. Pittaro
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Appeal No. 2005-2057
Application No. 09/906,362
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ON BRIEF
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Before GROSS, BARRY, and BLANKENSHIP, Administrative Patent Judges.
BARRY, Administrative Patent Judge.
A patent examiner rejected claims 1-28. The appellant appeals therefrom under
35 U.S.C. § 134(a). We affirm.
I. BACKGROUND
The invention at issue on appeal concerns "the analysis of signals involving the
optical detection of fluorescent-labeled molecules or scattering structures." (Spec. at 1.)
Determining the nucleotide sequences and expression levels of nucleic acids (i.e., DNA
and RNA) is critical to understanding the function and control of genes and their
relationship to diseases. Such a determination permits the early detection of infectious
organisms, genetic diseases, and cancer. (Id. at 1-2.)
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