Affymetrix Inc. received a boost in its battle with Incyte Pharmaceuticals Inc. over microarray technology, as the U.S. Patent and Trademark Office last week ruled in favor of AFFX in a patent interference proceeding requested by INCY. Nevertheless, whether AFFX will be able to prevent INCY from marketing its gene expression microarray (GEM) technology will have to await the outcome of a lawsuit in the U.S. District Court for the Northern District of California.

The PTO upheld AFFX's U.S. Patent No. 5,744,305 covering arrays of nucleic acids with greater