Appeal No. 2001-0692 Page 2
Application No. 09/163,572
(b) determining the array location of each compound in each
test zone;
(c) determining the response activity of the compounds in the
arrays to the testing screen; and
(d) ascertaining the compounds that had a positive response to
the testing screen.
9. The method of claim 1 wherein the activity is the ability of
compounds to hybridize to a library of genes.
23. The method of claim 1 wherein the activity is to determine a
cholesteryl ester transfer protein inhibitor.
The examiner relies on the following references:
Pomponi et al. (Pomponi) 5,446,207 Aug. 29, 1995
Evans et al. (Evans), “Physical mapping of complex genomes by cosmid
multiplex analysis,” Proc. Natl. Acad. Sci. USA, Vol. 86, pp. 5030-5034 (1989)
Claims 1-4 and 9 stand rejected under 35 U.S.C. § 102(b) as anticipated
by Evans.
Claims 8, 10, 13-33, 36, and 37 stand rejected under 35 U.S.C. § 103 as
obvious in view of Evans and Pomponi.
Claims 1-4, 8-10, 13-33, 36, and 37 stand rejected under 35 U.S.C. § 112,
second paragraph, as indefinite.
We affirm the rejection for anticipation but reverse the rejections for
obviousness and indefiniteness.
Background
The specification discloses a method of simultaneously testing a large
number of compounds in a biological assay. The disclosed method starts with a
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