Ex Parte Leproust et al - Page 5

                 Appeal 2006-0592                                                                                      
                 Application 10/278,274                                                                                

                         • Rinsing the oxidizing solution from the surface of the substrate                            
                               (Earhart Col. 7, ll. 7-9; Claim 10).  According to the Examiner,                        
                               this particular rinsing step is performed before activating                             
                               (deblocking) the blocked monomers, and so meets the washing                             
                               aspect of step (d) of the claimed method.  However, the                                 
                               Examiner acknowledges that Earhart does not specify any                                 
                               particular washing or rinsing agent (Office Action 9).                                  
                         • Contacting the substrate displaying blocked nucleoside                                      
                               monomers with an activating (deblocking) solution comprising                            
                               3% trichloroacetic acid in toluene (Earhart Col. 7, ll. 7-11;                           
                               Claim 9).  According to the Examiner, this meets step (e) of the                        
                               claimed method (Office Action 8).  Further, there is no dispute                         
                               that toluene is an organic solvent with a vapor pressure at STP                         
                               of less than about 13 KPa.                                                              
                         • Removing excess deblocking solution.  That is, the Examiner                                 
                               concedes that Earhart “is not explicit in disclosing that excess                        
                               deblocking solution is removed,” but argues that Earhart                                
                               “applies the deblocking solution prior to adding [ ] additional 5’                      
                               blocked nucleotide monomers, which would necessarily require                            
                               the removal of the excess deblocking solution” (Office Action                           
                               8).  According to the Examiner, Earhart therefore meets the                             
                               “removal of excess deblocking solution” aspect of step (f) of                           
                               the claimed method (id.).  The Examiner acknowledges that                               
                               Earhart does not disclose removing the excess deblocking                                
                               solution by allowing it to drip away (id. at 9).                                        
                         • Finally, Earhart teaches reiterating steps (b) through (f) to                               
                               elongate the chains of monomers to form a polymer array                                 
                               (Earhart passim; Fig. 15A).  According to the Examiner, this                            
                               meets step (g) of the claimed invention.                                                

                        In addition, the Examiner notes that Earhart, in discussing a “capping”                        
                 step (performed prior to each round of deblocking, and recited in certain of                          
                 the present dependent claims, e.g, present claims 4 and 16), teaches that                             

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