Ex Parte SCHEMBRI - Page 2


                 Appeal No. 2003-1738                                                           Page 2                    
                 Application No. 08/739,396                                                                               


                                       (b)    attaching said species of bioorganic molecule onto                          
                                       said attachment surface; and                                                       
                                       (c)    subdividing said unit of substantially planar material to                   
                                       form a plurality of separate tiles, a surface of each of said                      
                                       separate tiles comprising a portion of said attachment                             
                                       surface;                                                                           
                                and                                                                                       
                                2)     affixing separate tiles from the said batches of tiles in                          
                                predetermined spatial positions on a support.                                             
                         The examiner relies on the following reference:                                                  
                 Rava et al. (Rava)                  5,545,531                   Aug. 13, 1996                           
                         Claims 4, 5, 8-11, 37-53, 58, and 59 stand rejected under 35 U.S.C.                              
                 § 102(e) as anticipated by Rava.                                                                         
                         Claims 4, 5, 8-11, and 37-61 stand rejected under 35 U.S.C. § 103 as                             
                 obvious in view of Rava.                                                                                 
                         We reverse both rejections.                                                                      
                                                      Background                                                          
                         “Arrays of immobilized probes are currently being developed for use in                           
                 assays to detect and identify components in biological samples and for screening                         
                 molecular libraries.  The ability to screen for multiple species of molecules in a                       
                 single assay test is particularly valuable for purposes of drug discovery and                            
                 clinical genetics. . . .  [In] prior art methods, the probe molecules are synthesized                    
                 in situ on a solid support surface at predetermined locations.”  Specification,                          
                 page 1.                                                                                                  







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