Ex Parte Schleifer et al - Page 4



                Appeal No. 2006-0103                                                                                 Page 4                    
                Application No. 10/172,892                                                                                                     

                “form-in-place gasket.”  As defined by the specification (page 8), a form-in-place gasket                                      
                is one that is formed by depositing a fluid gasket material on a surface and allowing the                                      
                gasket material to cure (pages 17-18).                                                                                         
                         Claim 10 adds the limitation that the target solution is placed into a well on either                                 
                the substrate or cover, and then the other plate is placed over the well to form the assay                                     
                chamber.                                                                                                                       
                         Claim 17 is similar to claim 1 but adds the express product-by-process limitation                                     
                that “the form-in-place gasket [is] formed by a process comprising depositing a fluid                                          
                gasket material on one or more of the substrate and the cover and curing the fluid gasket                                      
                material.”                                                                                                                     
                2.  Anticipation by Chen                                                                                                       
                         The examiner rejected claims 1-13, 16, and 17 under 35 U.S.C. § 102(e) as                                             
                anticipated by Chen.1  Chen discloses a “hybridization assembly compris[ing] a reaction                                        
                chamber (or hybridization chamber) to confine and allow interaction or binding of a target                                     
                liquid to an array of probes deposited on an inner surface of the reaction chamber.  The                                       
                hybridization assembly may comprise a substrate slide, a gasket layer and/or a middle                                          
                slide, and a cover slip.”  Page 1, paragraph [0156].  Chen teaches that the “gasket layer                                      
                may be attached to the surface of the middle slide that contacts the substrate to serve as                                     
                a seal. . . .  This gasket layer should ideally be made of softer and hydrophobic material                                     
                such as silicone rubber, polytetrafluoroethylene, Teflon®, or polydimethylsiloxane                                             
                                                                                                                                               
                1 Chen et al., U.S. Publication No. 2003/0087292, published May 8, 2003 (application filed Oct. 4, 2002                        
                and claiming priority to Oct. 4, 2001).  The examiner also rejected claims 1-13, 16, and 17 as anticipated                     
                by Sandstrom (U.S. Patent 6,545,758, issued April 8, 2003 on an application filed Oct. 5, 2000).  Since we                     
                conclude that these claims are anticipated by Chen, we need not reach the rejection based on Sandstrom.                        





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