Appeal No. 2003-1017 Page 3
Application No. 08/287,358
Chow and Tillotson.
We reverse all of these rejections.
DISCUSSION
[In the ] type of [signal-generating] assay . . . referred to as an endpoint
assay . . . the signal is allowed to develop over time, and then a single
measurement is taken after the reaction is complete in order to quantify
the property.
In contrast to attributes that can be measured in endpoint assays, there
are many properties, reactions and biological events that are dynamic and
transient and/or rapidly occurring.
* * *
[T]he signal generated in these assays is rapidly occurring and transient,
as is the phenomenon itself. Thus, . . . if initiation of the reaction or event
. . . is not coordinated with almost immediate signal detection in a dynamic
fashion, the signal may reach a maximum and diminish before it is
detected . . . [T]o perform large-scale compound screening, coordination
of sample handling and signal detection must be accomplished for many
assays simultaneously. Furthermore, it is desirable to obtain a real-time
record of each event until it has progressed to a point beyond that of
maximum signal change . . . [t]he duration, as well as the timing, of signal
measurement poses an additional complication . . . since the signal must
be measured essentially constantly.
Specification, pages 1-3.
“The present invention provides an integrated sample handling and detection
system that enables simultaneous preparation and performance of multiple assays of
rapidly occurring, transient phenomena in a plurality of individual wells of a test plate;
imaging of the assays . . . continuously and in real time over a period of time; and
collection, storage, and analysis of the imaging data” (Specification, page 4). In
addition, “the projection system of [the] excitation source is designed to provide uniform
illumination to the bottom of [a multi]-well plate” (id., page 17), thus, “the excitation and
detection systems . . . ha[ve] sufficient flexibility to read any desired plate format” and
“[t]he number of wells that can be read simultaneously is only limited by the camera’s
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