Ex Parte Beutler et al - Page 2


           Appeal No. 2006-0227                                                    Page 2             
           Application No. 10/121,264                                                                 

                  The claims subject to each rejection stand or fall together, because Appellants     
           have not argued them separately.  See 37 CFR § 41.37(c)(1)(vii).  Claims 23, 24, and       
           40 are representative and read as follows:                                                 
                  23. A device comprising                                                             
                  a)        a substrate comprising                                                    
                               1)  a matrix;                                                          
                               2) one or more separate transfer agent spaces; and                     
                               3) one or more transfer agent layers contained in one or more of       
                                  the separate transfer agent spaces; and                             
                  b)  genetic material deposited on or in one or more of the transfer agent           
                  layers, wherein the genetic material on each of a majority of the transfer agent    
                  layers comprises purified genomic DNA comprising more than one chromosome           
                  of the genomic DNA from at least one cell of an individual within a defined         
                  population.                                                                         
                  24. The substrate of claim 23, wherein at least one of the transfer agent layers    
                        comprises a saccharide selected from at least one of sucrose and              
                        glucose.                                                                      
                  40. A device comprising:                                                            
                        a)  a substrate;                                                              
                        b) a transfer agent layer; and                                                
                        c) a first genetic material position and a second genetic material position   
                          on or in the transfer agent layer that each comprise genetic material,      
                          wherein the genetic material of the first genetic material position         
                          comprises purified genomic DNA comprising more than one                     
                          chromosome of the genomic DNA from at least one cell of an individual       
                          within a defined population and the genetic material of the second          
                          genetic material position comprises purified genomic DNA comprising         
                          more than one chromosome of the genomic DNA from at least one cell          
                          of an individual within a defined population, and wherein the genetic       
                          material of the first genetic material position is separate from the        
                          genetic material of the second genetic material position.                   





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