Appeal No. 2005-1216
Application No. 10/117,453
of the sample between adjacent surfaces and keep the polymers being synthesized
thereon “substantially pure” or distinct from other samples. See, e.g., col. 8, lines 12-
15. That is, since Fodor discloses that the sample support surfaces are to be used for
preparing diverse chemical sequences; i.e., the invention may be applied “for example,
in the field of preparation of an oligomer, peptide, nucleic acid, oligosaccharide,
phospholipid, polymer or drug congener preparation, especially to create sources of
chemical diversity for use in screening for biological activity,” manifestly, the recessed
areas must inhibit transport of sample from one support surface to another in order to
maintain sample integrity or purity. Accordingly, in view of the foregoing, we find Fodor
teaches each and every element of the sample holder described in claim 30.6 In re
Robertson, 169 F.3d at 745, 49 USPQ2d at 1950; Celeritas Techs. Ltd. v. Rockwell Int’l
Corp., 150 F.3d at 1360, 47 USPQ2d at 1522; Verdegaal Bros., Inc. v. Union Oil Co.,
814 F.2d at 631, 2 USPQ2d at 1053; Lindemann Maschinenfabrik GMBH v. American
Hoist and Derrick Co., 730 F.2d at 1458, 221 USPQ at 485.
In addition, as discussed above, Fodor discloses that the invention provides an
“apparatus for the use of a substrate having a plurality of polymer sequences . . .
[including] the preparation of molecules containing sequences of amino acids . . .
6 We point out that claim 30 does not require that the sample holder be used for
any specific purpose. Therefore, any prior art disclosure of a structure having a
multiplicity of islands which are non-removably connected through a substrate wherein
the islands have a sample support surface and are separated by a recessed area
which inhibits transport of a sample between support surfaces, will anticipate the claim
regardless of its use.
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