Ex Parte Remick et al - Page 7

                Appeal 2007-1163                                                                                 
                Application 10/172,470                                                                           

                ll. 5-8).  We agree with the Examiner that gas inlet 70, as well as gas                          
                outlet 71, can be considered a vent.                                                             
                       Brennan discloses that “the pressure differential may also be created                     
                by forming a vacuum in [the] lower catch basin” using a vacuum pump                              
                coupled to the drain outlet of the base assembly, or by “a combination of                        
                positive pressure in [the] common chamber . . . and a vacuum in [the] catch                      
                basin” (id. at col. 11, ll. 47-55).  We agree with the Examiner that, when                       
                both positive pressure and vacuum are used to create this pressure                               
                differential, gas inlet (or vent) 70 is open while the vacuum is applied.                        
                       Brennan also discloses a control mechanism to coordinate all of the                       
                simultaneous functions, including pressure regulation (id. at col. 11, ll. 61-                   
                64).  Specifically, Brennan states that the “software was designed to support                    
                simultaneous independent synthesis of oligonucleotides” (id. at col. 13,                         
                ll. 50-52).  Thus, we agree with the Examiner that Brennan describes a                           
                “controller communicating with a computer comprising software to control                         
                the vent [i.e., gas inlet 70] and the vacuum to simultaneously vent and apply                    
                vacuum to the flow chamber.”                                                                     
                       Appellants argue that Brennan “does not disclose or suggest a                             
                controller communicating with a computer comprising software to control                          
                the vent and the vacuum source to simultaneously vent and apply vacuum to                        
                the flow chamber” (Br. 4).  Specifically, Appellants argue that “the Answer                      
                identified . . . gas outlet #71 of Brennan as satisfying the claimed ‘separate                   
                vent’” (Reply Br. 2).  However, Appellants argue:                                                
                       It is gas inlet #70 that the reference refers to as providing a                           
                       positive pressure inside common chamber #31.  Accordingly,                                
                       application of a vacuum through drain outlet #83 in Brennan                               

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