Ex Parte Beutler et al - Page 9


              Appeal No. 2006-0227                                                                   Page 9                 
              Application No. 10/121,264                                                                                    

                     Chu’s Figure 16E is reproduced below:                                                                  














                     The figure shows one of the regions 440 having twenty-four smaller regions                             
              around its perimeter; the smaller regions are labeled with the numbers 1 through 22, x,                       
              and y, corresponding to the twenty-four chromosomes in the human genome.  Chu                                 
              describes the function of the smaller regions as follows:  “If[,] for example, a first region                 
              440 is one which will contact a well 410 containing probes for chromosomes 1, 2 and 3,                        
              then the control nucleic acids for these chromosomes should light up after staining                           
              (each showing only a single color) while the remaining 21 controls should not hybridize                       
              and should not fluoresce.  In this manner there are both positive and negative controls                       
              and labels for each of the 8 wells 410.”  Col. 33, lines 60-67.                                               
                     Thus, as we interpret the reference disclosure, Chu teaches a microscope slide                         
              to allow chromosome painting of all twenty-four human chromosomes on a single slide.                          
              In a preferred embodiment, each of eight regions on the slide has samples of each of                          
              the twenty-four human chromosomes (1-22, X, and Y) arrayed around its edge; the                               







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