Appeal No. 2005-1216
Application No. 10/117,453
nucleic acids, polysaccharides, phospholipids, and polypeptides.” Fodor, col. 8, lines
21-30. As further discussed above, a reactant is something which is involved in a
chemical reaction. Thus, we find that the reagents used in the synthesis reactions
described by Fodor; e.g., the nucleic acids used to synthesize an oligonucleotide, the
amino acids used to synthesize a polypeptide, etc., are reactants. Thus, we find that
Fodor also discloses each and every element of the sample holders recited in claims 31
and 38-41 which are directed to support surfaces which comprise a sample, a polymer,
biopolymer, reactant and nucleotide probe, respectively.
Finally, we point out that Fodor discloses that “the exposed regions” of the
sample holder or “the area upon which each distinct polymer sequence is synthesized .
. . is less than about 10,000 µm2 [in preferred embodiments] or, more preferably less
than 100 µm2.” Fodor, col. 9, lines 10-15. Accordingly, we find that Fodor anticipates
sample holders having a multiplicity of non-removable islands which comprise a sample
support surface and which are separated by a sump that inhibits transport of samples
between adjacent sample support surfaces, “wherein the sample support surfaces are
less than about 10,000 µm2”, and “less than about 1,000 µm2” as recited in claims 32
and 33.
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