Appeal 2007-2955 Application 10/190,425 BACKGROUND “Living cells utilize unique and elaborate sets of surface molecules, which provide for signaling pathways, interactions with other cells, structural variation, function, and the like” (Spec. ¶ 2). “The behavior and fate of a cell is strongly dependent both on [its] internal state, and on complex cell-cell and cell-ECM [extra cellular membrane] interactions mediated by such cell surface molecules” (id.). The present invention is directed to methods “in which cells are profiled with respect to their expression of cell surface molecules, and ability to respond to external stimulus in the microenvironment” (id. at ¶ 8). STATEMENT OF THE CASE Claims 1-4, 6, 10, 31, and 33 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Belov3 or Chang,4 in view of Taylor5 and Wagner.6 Appellants indicate that “Claim 31 is separately considered, as it is drawn to methods wherein at least two cell types interact[,] [and] Claim 33 is separately considered, as it is drawn to hydrogel coated slides” (Appeal Br. 9-10). However, Appellants do not present separate arguments for the patentability of these claims. “A statement which merely points out what a claim recites will not be considered an argument for separate patentability of a claim.” 37 C.F.R. § 41.37(c)(1)(vii). Therefore, we will focus on claim 1 3 Belov et al., Immunophenotyping of Leukemias Using a Cluster of Differentiation Antibody Microarray, 61 Cancer Research 4483-4489 (June 2001). 4 U.S. Patent 4,591,570 to Chang, issued May 27, 1986. 5 U.S. Patent 6,103,479 to Taylor, issued August 15, 2000. 6 U.S. Patent 6,329,209 B1 to Wagner et al., issued December 11, 2001. 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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