Appeal No. 2006-1547 Page 11
Application No. 10/114,668
feature, the rejection cannot be maintained. Accordingly, we reverse the § 102 rejection
over Yu for claims 1-4, 6, 7, 12, and 14-16.
5. Obviousness based on the Kosak patent
Claims 1-8, 10-12, 14, 17-21, 25, 27-28, and 39 were rejected under 35 U.S.C.
§ 103 as unpatentable over Kosak 4 in view of Nikiforov5. Claims 13, 22, and 23 were
rejected under 35 U.S.C. § 103 as unpatentable over Kosak in view of Nikiforov, and
further in view of Shipwash6.
Claims 1-12, 14-16, 19-21, and 24-26 were rejected under 35 U.S.C. § 103 as
unpatentable over Kosak in view of Yu. Claims 13, 22-23, 29-38 were rejected under
35 U.S.C. § 103 as unpatentable over Kosak in view of Yu, and further in view of
Shipwash. Claims 13, 22-23, 29-38 were rejected under 35 U.S.C. § 103 as
unpatentable over Kosak in view of Yu, and further in view of Church7.
Group I, claims 1-7, 12-18, and 39
Since each of these rejections relies on Kosak as the primary reference, we will
address them jointly as they relate to Group I claims.
The rejections are based on the disclosure by Kosak of a DNA oligonucleotide
primer array comprising reagents for carrying out various nucleic acid technologies,
including polymerase chain reaction, reverse transcriptase reactions, and nucleic acid
sequencing. Kosak, Abstract. The basic method involves trapping reagents for
performing nucleic acid polymerization reactions in a material. Upon heat treatment, the
reagents are released from the material and available for reaction. Id., column 3, lines
4 Kosak et al. (Kosak), U.S. Patent 5,643,764, issued Jul. 01, 1997
5 Nikiforov et al. (Nikiforov), Nucl. Acid Res., 22:4167-4175, 1994
6 Shipwash, U.S. Pub. Pat. App. No. 2002/0058273, published May 16, 2002
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