Appeal No. 2005-1216
Application No. 10/117,453
Hillenkamp I with respect to sample holders for use in the MALDI spectrometry process
anticipate the invention set forth in claim 30.
In addition, we agree with the examiner that Hillenkamp I (and Hillenkamp II)
anticipates the invention described in representative claim 30 for the reasons set forth in
the response to the appellants’ arguments. However, because the examiner did not rely
on the disclosure in col. 9 of the patents in the statement of the rejection, we include this
analysis in the new ground of rejection.
In this regard, we find that Hillenkamp I discloses a sample holder which
comprises a multiplicity of needle-like projections or pins which protrude from the
substrate. Hillenkamp I, col. 9, lines 22-27. Like the present sample holders,3
Hillenkamp I discloses that the projections “may be formed as microstructures by known
techniques of microlithography.” Id., lines 36-37. Hillenkamp I does not disclose
locking the pins into the sample plate or their removal for subsequent sample analysis.
In addition, Hillenkamp I discloses that the needle-like projections provide a surface
onto which a sample is coated. Id., lines 24-27. Hillenkamp I discloses that the
projections can be configured in a manner which allows the substrate to serve as a
support in a MALDI analyzer. Id., lines 37-42. We point out that, as opposed to a
sample plate, the purpose of multi-sample sample holders is to separate the samples
for individual analysis of the samples coated thereon. Accordingly, we find that the
3 See, the specification, p. 14, lines 8-10, which states that anisotropic etching
techniques include “LIGA (Lithographie Galvanoformung Abformung).”
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