Ex Parte Yang et al - Page 2

                 Appeal No. 2006-2654                                                                                                   
                 Application No. 10/100,276                                                                                             

                 application background, microfluidic devices were used in the prior art to                                             
                 immobilize cells and monitor (“on-chip monitoring”) the cellular reactions                                             
                 which take place in them.  Id. at [0002]-[0005].  In these prior art devices,                                          
                 cells were immobilized by constricting the channel pathway to a size smaller                                           
                 than the dimension of the cell, retaining the cells in the constricted channel                                         
                 while permitting the fluid to flow through it.  Yang1 3991.  In contrast, the                                          
                 instant invention utilizes “dam” structures “constructed along the main flow                                           
                 route parallel to the [channel’s] principle flow direction” to gently                                                  
                 immobilize “fragile” cells.  Specification [0060]-[0061].  This is illustrated                                         
                 in Fig. 9.                                                                                                             
                        Claims 1-8, all the pending claims, are on appeal.  We focus on                                                 
                 claim 1, the only independent claim.  It reads as follows:                                                             
                        1.  Apparatus for on-chip monitoring of cellular reactions                                                      
                        comprising, a surface formed with a plurality of channels for                                                   
                        fluid flow and means for supplying a cell bearing fluid to a first                                              
                        of said channels, wherein a second of said channels extends                                                     
                        parallel and adjacent to the first said channel for at least a part                                             
                        of their length and wherein the first and second channels are                                                   
                        separated over said at least one part of their length by a wall                                                 
                        defining a dam and over which fluid may flow from the first of                                                  
                        said channels into the second of said two channels.                                                             






                                                                                                                                       
                 1 Yang et al. (Yang), “Cell Docking and On-Chip Monitoring of Cellular                                                 
                 Reactions with a Controlled Concentration Gradient on a Microfluidic                                                   
                 Device,” Analytical Chemistry, 74: 3991-4001 (2002).                                                                   
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