Appeal No. 2005-1216
Application No. 10/117,453
forth in Figures 10-12B, as well as the sample holder having a plurality of needle-like
projections as set forth in col. 9 (lines 24-42), are to be used for testing samples using
the MALDI spectrometry process, we find that the patent anticipates the sample support
surfaces which comprise (i) a sample (claim 31) (ii) a coating and a MALDI matrix as set
forth in claims 36 and 37; and (iii) a polymer, biopolymer, reactant and nucleotide probe
as set forth in claims 38-41.
The appellants argue that Hillenkamp I does not disclose a coating within the
scope of claim 36. Reply Brief, p. 5. The appellants contend that the claimed coating
refers to a material which enhances adhesion of the sample and not to the sample itself.
Id. We find this argument unconvincing.
First, we point out that here is no limitation in claim 36 with respect to an
adhesive coating for the sample. Rather, the claim simply states that the “support
surfaces comprise a coating.” Thus, the Hillenkamp I (col. 9, lines 24-27) and
Hillenkamp II (col. 9, lines 60-63) disclosures of coating the projections with a sample
anticipate the invention recited in claim 36.
Second, as discussed above, Hillenkamp I discloses that the sample holder can
be used in a MALDI spectrometer process. See, e.g., Hillenkamp I, col. 9, lines 36-42.
In this regard, the patent discloses that in this process “the substance to be analyzed is
typically in a solution of matrix and coated onto a support.” Id., col. 1, lines 9-11. Thus,
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