Ex Parte Regnier et al - Page 16




             Appeal No. 2005-1216                                                                                    
             Application No. 10/117,453                                                                              
                    Second, we find the appellants’ argument with respect to the mixing of the                       
             samples in the ion plume which occurs during desorption to be directed to an intended                   
             use of the claimed sample holder and, thus, it does not address a limitation present in                 
             the claims.4  Claim 30 merely states that the recessed area or sump separates the                       
             sample supports to inhibit transport of a sample between adjacent support surfaces.  In                 
             our view, the recessed area between the needle-like projections of the sample support                   
             taught by Hillenkamp I, which are made by microlithography techniques similar to those                  
             described in the appellants’ specification, inhibits the transport of the sample coated on              
             the sample support or “instrument facing [col. 9, line 27]” surface of one projection                   
             (island) from the sample coated onto another.                                                           
                    Third, we do not find that claim 30 requires that the samples be individually                    
             addressable.  Thus, we do not find that this argument addresses a limitation present in                 
             the claim.  In any event, we point out that Hillenkamp I discloses that the pins or                     
             projections support a sample to be analyzed by MALDI spectrometry.  Attention is                        
             directed, for example, to col. 9, lines 26-27, of Hillenkamp I which state that the pins or             
             projections support a sample which is to be coated onto “its instrument facing surface.”                
             Id., Iine 27.  The samples are subjected to a laser (illumination 1) which “causes                      




                    4 We point out that whether the plumes generated by desorption of the sample                     
             from the sides of the pins mixes with plumes of adjacent pins is a function of the MALDI                
             spectrometry chamber.  That is, the design of the chamber and how it fits over each                     
             projection prevents, or promotes, mixing of the plumes from adjacent samples.                           
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