Appeal 2007-1624
Application 10/424,662
which depend on the Examiner’s erroneous finding that Fodor describes
particles arranged on a substrate in a planar configuration.
NEW GROUND OF REJECTION
Pursuant to 37 C.F.R. § 41.50(b), we set forth the following new
ground of rejection:
Claims 76-81, 84-86, 88-90, and 105-108 are rejected under 35 U.S.C.
§ 102(b) as anticipated by Drmanac.
FINDINGS OF FACT
Drmanac
14. Drmanac describes the use of a solid particle (“discrete particle” or
“DP”) carrying multiple copies of the same DNA fragment for use in
detecting DNA (Drmanac, at col. 7, ll. 5-14).
15. To produce a collection of discrete particles carrying DNA genomic
fragments, a library of genomic clones is first distributed into microtiter
wells (Drmanac, at col. 7, ll. 22-23).
16. The genomic DNA can be derived from a human (Drmanac, at col.1, ll.
11).
17. Instead of genomic DNA, oligonucleotides probes (“ONPs”) can also be
attached to the DP (Drmanac, at col. 8, ll. 35-38).
18. Skilled persons in the art would have recognized that a genomic library
is a collection of random genomic clones representing the organism’s entire
genome.
19. Discrete particles are added to each well and the DNA is permitted to
attach to the particles (Drmanac, at col. 7, ll. 23-25).
11
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