Ex Parte Seul - Page 5

                  Appeal 2007-1624                                                                                         
                  Application 10/424,662                                                                                   
                  encoding system, a color encoding system, or a combination of any of these,                              
                  or any other encoding system” (Fodor, at col. 21, ll. 54-60).                                            
                  8.  Claim 2 of Fodor is directed to a method of detecting nucleic acid                                   
                  sequences using an array of polynucleotides bound to a solid support, where                              
                  “the solid support comprises an array of beads” (Fodor, at col. 82, ll. 49-50).                          
                  9.  When a single substrate surface is utilized (Findings of Fact (“FF”) FF 1;                           
                  Fodor, at col. 3, ll. 6-13), the positional attachment of oligonucleotides to the                        
                  solid substrate surface is necessary to determine which sequences are present                            
                  in the target DNA (e.g., Fodor, at col. 2, ll. 35-39; col. 3, ll. 19-29; and col.                        
                  19, ll. 20-32).                                                                                          

                  Pirrung                                                                                                  
                  10.  Pirrung describes determining signal detection capability of fluorescent                            
                  beads (col. 26, ll. 11-45).  “One of the beads was placed in the illumination                            
                  field on the scan stage . . . in a field of a laser” (Pirrung, at col. 26, ll. 18-21).                   
                  11.  The laser beam was directed at the bead and the resulting fluorescence                              
                  was measured (Pirrung, at col. 26, ll. 20-29).                                                           
                  12. The bead utilized in the assay described by Pirrung (col. 26) did not                                
                  contain attached DNA and was not arranged with other particles to form an                                
                  oligonucleotide array.                                                                                   
                  13.  There is no teaching in Pirrung that the particles with attached DNA can                            
                  be arranged on a substrate in a planar configuration.                                                    

                                                     DISCUSSION                                                            
                  Rejection under § 112, first paragraph                                                                   
                         Claims 77-86, 88, 89, and 105-108 stand rejected under 35 U.S.C.                                  

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