Appeal No. 2004-1770 Page 2
Application No. 09/895,050
(b) a processor to operate the deposition system, which processor derives from
the target array pattern a target drive pattern for operating the deposition system to form
the array, the target drive pattern comprising instructions to the deposition system to
perform the following at each of multiple regions at which a biomonomer is to be
deposited:
(i) deposit the fluid composition of solid activator separate from and
preceding deposition of the biomonomer;
(ii) allow sufficient time for evaporation to leave solid activator at the
region; and
(iii) then deposit the biomonomer.
The examiner relies on the following references:
Hirschbein et al. (Hirschbein) 5,859,233 Jan. 12, 1999
Baldeschwieler et al. (Baldeschwieler) WO 95/25116 Sept. 21, 1995
Claims 29, 30, 32, 34, and 35 stand rejected under 35 U.S.C. § 103 as obvious in
view of Baldeschwieler and Herschbein.
We reverse.
Background
Arrays of biopolymers (e.g., DNA or RNA) are used as diagnostic and screening
tools. Specification, page 1. “Biopolymer arrays can be fabricated using either
deposition of the previously obtained biopolymers or in situ synthesis methods.” Id.
The “in situ methods can be basically regarded as iterating the sequence of
depositing droplets of: (a) a protected monomer onto predetermined locations on a
substrate to link with either a suitably activated substrate surface (or with a previously
deposited deprotected monomer); (b) deprotecting the deposited monomer so that it
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