Ex Parte Corson et al - Page 2




              to maintain a constant scale factor in the scanner despite reductions in laser power                      
              resulting from laser degradation.                                                                         
                     Claim 1 is illustrative of the invention and reads as follows:                                     
                     1. A method of reducing the effect on scale factor during                                          
                     use of an instrument for reading a biopolymer array when a control point of said                   
                     instrument is adjusted from a first value to a second value, said method                           
                     comprising:                                                                                        
                     (a) adjusting said control point from said first value to                                          
                     said second value; and                                                                             
                     (b) adjusting detector gain of a detector of said                                                  
                     instrument in a manner sufficient to reduce an effect on scale factor resulting                    
                     from said adjustment.                                                                              
                     The Examiner relies on the following prior art:                                                    
              Bengtsson     6,078,390   Jun. 20, 2000                                                                   
              Sandstrom     6,545,758   Apr. 08, 2003                                                                   
                                                               (filed Oct. 05, 2000)                                    
              Steve Lawrence and C. Lee Giles (Lawrence), “Searching the World Wide Web,”                               
              SCIENCE, vol. 280, 98-100 (April 1998).                                                                   
                     Claims 1-4, 6-9, 11-13, and 16 stand finally rejected under 35 U.S.C. § 102(b) as                  
              being anticipated by Bengtsson.  Claims 1, 10, and 17 stand finally rejected under                        
              35 U.S.C. § 103(a) as being unpatentable over Bengtsson in view of Sandstrom.  In a                       
              separate  rejection under 35 U.S.C. § 103(a) claims 1, 8, 12, 14, and 15 stand finally                    
              rejected under 35 U.S.C. § 103(a) as being unpatentable over Bengtsson in view of                         
              Lawrence.                                                                                                 
                     Rather than reiterate the arguments of Appellants and the Examiner, reference is                   
              made to the Briefs1 and Answer for their respective details.                                              
                                                                                                                       
                        1 The Appeal Brief was filed September 6, 2005.  In response to the Examiner’s Answer           
                 mailed December 20, 2005, a Reply Brief was filed February 17, 2006 which was acknowledged             
                 and entered by the Examiner as indicated in the communication mailed March 2, 2006.                    





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