Appeal 2007-2363
Application 10/253,967
zone.” The Examiner does not point to, and we cannot find, assays in which
the probe and the target nucleic acids have the recited properties, and we are
thus compelled to reverse the rejection as to claim 9 and the claims
dependent thereon, i.e., claims 10-19.
CONCLUSION
In summary, the rejection of claims 1-6 and 8-20 under 35 U.S.C. §
102(b) as being anticipated by Guo, is affirmed as to claims 1-8 and 20 (to
the extent claim 20 depends from claim 1), and reversed as to claims 9-19.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED-IN-PART
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