Ex Parte Beutler et al - Page 13


              Appeal No. 2006-0227                                                                  Page 13                 
              Application No. 10/121,264                                                                                    














                     Chu describes the figures as follows:                                                                  
                     FIG. 16B is a side view of the 8 well tray 400 shown in FIG. 16A.  A slide                             
                     70 is shown on the tray 400. . . . FIG. 16C is an end-on view of the slide                             
                     and tray of FIGS. 16A and 16B. . . . Slide 70 is shown resting above sides                             
                     of tray 400 showing optional clips 402 to hold slide 70 to tray 400.                                   
              Col. 10, lines 14-22.                                                                                         
                     As discussed above with respect to claim 40, Chu’s microscope slide meets the                          
              instant specification’s definition of a transfer agent layer that has deposited on it at least                
              two chromosomes.  Supra, pages 9-10.  The device disclosed by Chu also comprises a                            
              transfer agent space; i.e., “a region capable of containing” “a substance onto or into                        
              which genetic material may be deposited, which can transport the genetic material when                        
              the [substance] is moved.”  Such a space is shown in Chu’s Figure 16C:  the space                             
              between the two clips 402 is a region capable of containing a microscope slide, which is                      
              a substance onto which genetic material can be deposited, which can transport the                             
              genetic material when the slide is moved.  Thus, Chu’s device comprises a transfer                            
              agent space.                                                                                                  








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