Appeal No. 2006-0258 Page 19
Application No. 09/755,747
The examiner relies on the combination of Stimpson and Wittwer as set
forth above. According to the examiner (Answer, page 10), the combination of
Stimpson and Wittwer “do not teach the use of Hepes buffer in hybridization.” To
make up for this deficiency the examiner relies on Konrad. According to the
examiner (id.), Konrad teaches that the “conditions for hybridization of
oligonucleotide sequences are well known”, and may include a hepes buffering
system. Konrad, however, fails to make up for the deficiencies in the
combination of Stimpson in view of Wittwer.
Accordingly, we reverse the rejection of claims 1-6, 8-19, 21-32, 34-45,
47-52, 67-71, 73, 74, and 76 under 35 U.S.C. § 103(a) as being unpatentable
over the combination of Stimpson, Wittwer, and Konrad.
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