Appeal No. 2005-1216
Application No. 10/117,453
separated by a recessed area (sump) in a manner which is said to prevent transport of
a sample between adjacent support surfaces.
To that end, we find that Hillenkamp I and II1 disclose sample holders which are
used to analyze samples by a technique known as matrix-assisted laser desorption and
ionization (MALDI) mass spectrometry. See, e.g., Hillenkamp I, the abstract, col. 1,
lines 4-5, col. 2, lines 51-59, col. 9, lines 36-41; Hillenkamp II, the abstract, col. 1, lines
13-14, col. 2, lines 58-67. Hillenkamp I provides several figures exemplifying various
embodiments of the invention, including Figures 10-12B.2 In our view, Figure 10
illustrates a sample holder having each and every limitation set forth in claim 30. That
is, we find that the sample holder in Figure 10 has a multiplicity of islands comprising a
sample support surface and which are connected through a substrate. Hillenkamp I
does not disclose locking the islands into the sample plate or their removal for
subsequent sample analysis, and we find nothing in Figure 10 which indicates that they
[the islands] are not non-removably connected. We further find that the recessed area
(sump) between the islands clearly separates the adjacent sample support surfaces and
thus, manifestly, inhibits the transport of sample from one support surface to the next.
1 Hillenkamp II is entitled to the benefit of the earlier-filed parent application for
those sections of the specification which are identical to the Hillenkamp I disclosure.
See, e.g., Hillenkamp II, col. 9, line 53- col. 10, line 13. Thus, we direct our discussion
to the teachings of Hillenkamp I.
2 Although Figures 10-12B are not described by Hillenkamp I, they are
nevertheless part of the published patent and are available as prior art. See our
discussion on page 13.
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