Ex Parte Wittwer

Board of Patent Appeals and Interferences

Oct 31, 2007

10074169 (B.P.A.I. Oct. 31, 2007)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte CARL T. WITTWER
____________

Appeal 2007-0319
Application 10/074,169
Technology Center 1600
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Decided: October 31, 2007
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Before TONI R. SCHEINER, LORA M. GREEN, and NANCY J. LINCK,
Administrative Patent Judges.
LINCK, Administrative Patent Judge.

DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 involving claims to an
automated method for detecting and reporting the presence of nucleic acids
using polymerase chain reaction, a fluorescent detecting entity, and a
melting temperature analysis. The Examiner has rejected all the claims
based on two grounds: obviousness-type double patenting and under 35
U.S.C. § 103(a). We have jurisdiction under 35 U.S.C. § 6(b).
Appeal 2007-0319
Application 10/074,169

We agree with the rejections and responses to Appellant’s arguments
that are set out in the Examiner’s Answer, and therefore adopt the
Examiner’s reasoning as our own. The Examiner’s rejections are affirmed.
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

LP

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