Ex Parte Beutler et al - Page 7


              Appeal No. 2006-0227                                                                   Page 7                 
              Application No. 10/121,264                                                                                    

              translocations by a technique known as whole chromosome painting.”  Col. 32, lines 37-                        
              39.  Chu states that the method typically involves staining multiple chromosomes at a                         
              time, with dyes that fluoresce in different colors:  “For example, chromosomes 1, 2 and                       
              3 can be stained simultaneously by using probes which fluoresce orange for one                                
              chromosome, probes which fluoresce green for a second chromosome, and probes                                  
              which fluoresce red for a third chromosome.”  Col. 32, lines 47-51.                                           
                     Since human cells have a total of 24 chromosomes, “one test would typically use                        
              8 slides of cells to examine the complete nuclear genome of a human.  This test would                         
              include . . . placing the 8 slides onto 8 wells of a tray.”  Col. 32, lines 52-54.  That is, the              
              same three (orange, green, and red) labels would be attached to different probes and                          
              used to label three different chromosomes on each slide, allowing all twenty-four                             
              chromosomes to be examined using eight slides.                                                                
                     Chu discloses an apparatus designed to allow all twenty-four chromosomes to be                         
              examined on a single slide.  Chu’s Figure 16A and Figure 16B are reproduced below:                            





















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