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for publication and is not binding precedent of the Board.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 ARTHUR SCHLEIFER and
MAGDALENA OSTROWSKI
__________
Appeal No. 2006-0103
Application No. 10/172,892
__________
ON BRIEF
__________
Before MILLS, GRIMES, and GREEN, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to a method of performing an array hybridization
experiment, which the examiner has rejected as anticipated. We have jurisdiction under
35 U.S.C. § 134. Because we find that the claimed method is not distinguished from the
prior art by the “form-in-place gasket” limitation, we affirm.
Background
“Biomolecular arrays (such as DNA or RNA arrays) are known and are used, for
example, as diagnostic or screening tools.” Specification, page 1, lines 13-14. “In use, the
surface of the array is contacted with a solution containing the sample. . . . Samples tend
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Last modified: November 3, 2007