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for publication and is not binding precedent of the Board.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 ANTHONY J. BROOKES
__________
Appeal No. 2006-0258
Application No. 09/755,747
__________
ON BRIEF
__________
Before ADAMS, MILLS, and GREEN, Administrative Patent Judges.
ADAMS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the
examiner’s final rejection of claims 1-5, 7-18, 20-31, 33-44, 46-52, and 67-76,
which are all the claims pending in the application.
Claim 1 is illustrative of the subject matter on appeal and is reproduced
below:
1. A method of detecting DNA variation by monitoring the formation or
dissociation of a complex consisting of:
(a) a single DNA strand of a double stranded DNA of at least
40 base pairs containing the locus of a variation, wherein
said single DNA strand is within a monolayer of single
DNA strands which are bound to a solid surface,
(b) an oligonucleotide or DNA analogue probe specific for
one allele of the variation and capable of hybridizing to
the single strand (a) to form a DNA duplex,
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