Appeal No. 2004-1770 Page 4
Application No. 09/895,050
fluid present). A “solid activator” is one which is solid at the operating
temperature at which it is used (normally at around a typical room
temperature[], such as between 10°C to 30°C).
Pages 8-9.
“In the case of phosphoramidites, suitable activators are known and include
tetrazole. . . . In the case of phosphoramidites a non-protic low boiling point solvent
could be used, for example, acetonitrile, dioxane, toluene,” etc. Page 15.
Discussion
Claim 29 is directed to an apparatus for carrying out the disclosed method of
making a biopolymer array. The claimed apparatus comprises a deposition system that
can separately dispense fluid compositions of biomonomers and a fluid composition of a
solid activator, in combination with a processor to operate the deposition system; “the
processor derives from the target array pattern a target drive pattern . . . [which
comprises] 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 rejected the claims as obvious in view of Baldeschwieler and
Herschbein. As the examiner noted, Baldeschwieler discloses an apparatus meeting
most of the limitations of claim 29. The disclosed apparatus that separately dispense
fluid compositions of different biomonomers (e.g., phosphoramidite-derivatized
nucleotides, see page 13, lines 3-10 and 10-21) and is also capable of dispensing a
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