Ex Parte Seul - Page 4

                  Appeal 2007-1624                                                                                         
                  Application 10/424,662                                                                                   
                         arrays on said substrate correlates with the position of the                                      
                         corresponding reservoir.                                                                          

                                                FINDINGS OF FACT                                                           
                  Fodor                                                                                                    
                  1.  Fodor describes positionally attaching oligonucleotides to a substrate to                            
                  produce “substrates of positionally definable sequence specific probes”                                  
                  (Fodor, at col. 3, ll. 49-53).                                                                           
                  2.  “Usually the specific reagents are all attached to a single solid substrate,                         
                  and the reagents comprise about 3000 different sequences. . . . Usually, the                             
                  reagents are localized in regions of the substrate having a density of at least                          
                  25 regions per square centimeter” (Fodor, at col. 3, ll. 6-13).                                          
                  3.  Fodor also describes an embodiment in which the substrates are beads                                 
                  (Fodor, at col. 3, l. 58).                                                                               
                  4.  Each bead can have a single oligonucleotide probe type (“reagent”)                                   
                  attached to it (Fodor, at col. 4, ll. 1-4; at col. 21, ll. 42-43).                                       
                  5.  The beads may be “encoded to indicate the subsequence specificity of                                 
                  [the reagent on the bead]” (Fodor, at col. 21, ll. 44-46).                                               
                  6.  “[T]he target [polynucleotide] may be bound to the whole collection of                               
                  beads and those beads that have appropriate specific reagents [e.g.,                                     
                  oligonucleotides] on them will bind to the target.  Then a sorting system may                            
                  be utilized to sort those beads that actually bind the target from those that do                         
                  not” (Fodor, at col. 21, ll. 48-54).                                                                     
                  7.  After the beads “which have bound the target have been collected, the                                
                  encoding scheme may be read off to determine the specificity of the reagent                              
                  on the bead. An encoding system may include a magnetic system, a shape                                   


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