The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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.Page: 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007