Ex Parte Coull et al - 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                                     for publication and is not binding precedent of the Board.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 JAMES M. COULL, JENS J HYLDIG-NIELSEN,                                                 
                      SVEN E. GODTFREDSEN, MARK J. FIANDACA and KYRIAKI STEFANO                                                 
                                                         __________                                                             
                                                   Appeal No. 2006-3207                                                         
                                                Application No. 09/565,191                                                      
                                                         __________                                                             
                                                           HEARD:                                                               
                                                    November 14, 2006                                                           
                                                         __________                                                             
               Before SCHEINER, MILLS, and LINCK, Administrative Patent Judges.                                                 
               LINCK, Administrative Patent Judge.                                                                              


                                                  DECISION ON APPEAL                                                            
                      This is a decision on appeal under 35 U.S.C. § 134 from the final rejection under                         
               35 U.S.C. § 103(a) of claims 61-82, all of the pending claims in Application No.                                 
               09/565,191, filed May 5, 2000.1  We reverse.                                                                     
                                                       BACKGROUND                                                               
                      The field of the claimed invention is “probe based nucleic acid sequence                                  
               detection, quantitation and analysis.”  Specification at 1.   According to the specification:                    
                                                                                                                                
               1 This application claims priority to December 4, 1996 and has been assigned to Boston                           
               Probes, Inc.  According to Appellants, Boston Probes is wholly owned by Applera                                  
               Corporation.  Appellants’ Brief on Appeal (hereafter “Br.”) 2.                                                   





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