Ex Parte Seul et al - Page 2

                Appeal 2007-2448                                                                             
                Application 10/192,352                                                                       

                synthesis on inert substrates” (Specification 1).  The arrays are usually                    
                formed “by attaching probe molecules directly to a substrate, which may be                   
                composed of organic materials (such as polymeric materials like                              
                nitrocellulose) or inorganic materials (such as glass or silicon)” (id.).                    
                      The Specification discloses a “method for producing biochips . . .                     
                compris[ing] patterning a substrate to form a plurality of chip regions,                     
                delineating a separating boundary between the chip regions, assembling at                    
                least one bead array comprising bio-functionalized, optically encoded beads                  
                on a surface of the substrate, and singulating the chip regions to form                      
                individual biochips” (id. at 7).  The term “‘biochip’ . . . refers to a chip                 
                having biomolecules attached to its surface. . . .  [E]xamples of biomolecules               
                include oligonucleotides, nucleic acid fragments, proteins, oligopeptides,”                  
                etc. (id.).  The term “‘singulate’ or ‘singulation’ . . . refers to a process to             
                obtain chips by breaking the connections between individual chip regions on                  
                a substrate or a subunit of a substrate containing more than one chip[]” (id.).              
                                               DISCUSSION                                                    
                1.  CLAIMS                                                                                   
                      Claims 2, 9, 24, 26-29, 35-37, 41, and 42 are pending and on appeal.                   
                      Claim 2 is representative and reads as follows:                                        
                      2.  A method for producing biochips comprising patterning a                            
                      substrate, having at least one surface, to form a plurality of                         
                      biochip regions; by inscribing the substrate between the chip                          
                      regions; assembling bead arrays comprising many differently                            
                      optically encoded beads having biomolecules attached thereto                           
                      said biomolecules being identified by said optical encoding,                           
                      said assembly occurring on a surface of the substrate within                           
                      several of the biochip regions but without encoding the location                       
                      of each biochip region within the substrate; and singulating the                       

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