Ex Parte Cattell et al - Page 14




                 Appeal No. 2006-0673                                                                                 Page 14                     
                 Application No. 09/919,555                                                                                                       



                 from where an array is fabricated.4  Therefore, we affirm the rejection of claim 1 and of                                        
                 claims 2, 4-16, and 45-54, which fall therewith, as anticipated by the reference.                                                


                                                    B. ANTICIPATION BY CATTELL '351                                                               
                         The appellants argue claims 1, 2, 4-16, and 47-54, which are subject to the same                                         
                 grounds of rejection, as a group.  (Reply Br. at 14, 15, and 23.)  We again select claim 1                                       
                 as the sole claim on which to decide the appeal of the group.                                                                    


                         The examiner finds, "Cattell discloses . . . saving in a memory array related data                                       
                 said data comprising instructions for reading the array or instruction [for] processing the                                      
                 array (Column 5, lines 41-48) . . . and forwarding the array related data to a remote                                            
                 location (Column 3, line 55-Column 4, line 9 and 33-43 and Claims 10- 11). . . ."                                                
                 (Examiner's Answer at 8.)  The appellants argue, "the '351 identifier provides layout                                            
                 information that is used by the processor in reading the array, but not positive                                                 


                         4 Cattell '915 further explains that "[a]t the user station of FIG. 5, the resulting                                     
                 package 340 is then received from the remote fabrication station.  A sample, for                                                 
                 example a test sample, is exposed to the array 12 on the array unit 15 received in                                               
                 package 340.  Following hybridization and washing in a known manner, the array                                                   
                 unit 15 is then inserted into holder 161 in scanner 160 for reading of the array. . . ."                                         
                 (Col. 13, ll. 50-56.)  More specifically, "[p]rocessor 162 may cause the array to be read,                                       
                 or the data obtained from reading to be processed (which term includes interpretation of                                         
                 data), (510) using the retrieved first and updated feature characteristic sets."  (Col. 14,                                      
                 ll. 26-30.)                                                                                                                      







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