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for publication and is not binding precedent of the Board.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 DIANE D. ILSLEY, PETER TSANG,
MICHAEL P. CAREN, and DOUGLAS A. AMORESE
__________
Appeal No. 2006-1547
Application No. 10/114,668
__________
ON BRIEF
__________
Before SCHEINER, GRIMES, and LEBOVITZ, Administrative Patent Judges.
LEBOVITZ, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to methods of assaying nucleic acid analytes using
DNA primer arrays. The examiner has rejected the claims as unpatentable over prior
art. We have jurisdiction under 35 U.S.C. § 134. We affirm-in-part and enter new
grounds of rejection.
Background
The claimed invention is in the field of nucleic acid detection, where DNA arrays
are utilized to determine the presence of a nucleic acid in a sample. According to the
“Summary of the Invention,” DNA primer arrays are provided that facilitate the synthesis
of target nucleic acids on the array surface at distinct locations where a DNA primer has
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