Appeal No. 2006-0258 Page 18
Application No. 09/755,747
and 76 under 35 U.S.C. § 103(a) as being unpatentable over the combination of
Stimpson and Wittwer.
The combination of Stimpson, Wittwer and Heller:
Claims 1-5, 7, 8, 10-18, 20, 21, 23-31, 33, 34, 36-44, 46, 47, 49-52, and
67-76 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over the
combination of Stimpson, Wittwer and Heller.
The examiner relies on the combination of Stimpson and Wittwer as set
forth above. According to the examiner (Answer, page 9), the combination of
Stimpson and Wittwer “do not teach immobilization of the oligonucleotide using
biotin-streptavidin.” To make up for this deficiency the examiner relies on Heller.
According to the examiner (id.), “Heller teaches immobilization of
oligonucleotides to arrays using biotin-streptavidin for nucleic acid detection
assays.” Heller, however, does not make up for the deficiencies in the
combination of Stimpson in view of Wittwer.
Accordingly, we reverse the rejection of claims 1-5, 7, 8, 10-18, 20, 21, 23-
31, 33, 34, 36-44, 46, 47, 49-52, and 67-76 under 35 U.S.C. § 103(a) as being
unpatentable over the combination of Stimpson, Wittwer and Heller.
The combination of Stimpson, Wittwer and Konrad:
Claims 1-6, 8-19, 21-32, 34-45, 47-52, 67-71, 73, 74, and 76 stand
rejected under 35 U.S.C. § 103(a) as being unpatentable over the combination of
Stimpson, Wittwer and Konrad.
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