Ex Parte HOPKINS - Page 1




                           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                                  for publication and is not binding precedent of the Board.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 ALISON HOPKINS                                                  
                                                    __________                                                       
                                               Appeal No. 2006-2569                                                  
                                            Application No. 09/485,245                                               
                                                    __________                                                       
                                                     ON BRIEF                                                        
                                                    __________                                                       
                 Before ADAMS, MILLS and GREEN, Administrative Patent Judges.                                        
                 GREEN, Administrative Patent Judge.                                                                 

                                              DECISION ON APPEAL                                                     
                        This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                       
                 final rejection of claims 7-14.  Claims 7 and 11 are the independent claims on                      
                 appeal, and read as follows:                                                                        
                 7. A method of forming a random mixture of oligonucleotides which is                                
                 resistant to self-annealing comprising the steps of selecting a random mixture of                   
                 oligonucleotides which are 6-mers to 8-mers and drying said mixture.                                
                 11. In a method of forming a random mixture of oligonucleotides the                                 
                 improvement comprising the steps of selecting a random mixture of                                   
                 oligonucleotides which are 6-mers to 8-mers and drying said mixture.                                
                        Claims 7-10 stand rejected under 35 U.S.C. § 112, first paragraph, as                        
                 failing to comply with the written description requirement.  In addition, claims 7-14               






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