Appeal No. 2006-0227 Page 4
Application No. 10/121,264
containing” “a substance onto or into which genetic material may be deposited, which
can transport the genetic material when the [substance] is moved,” where the region
also contains a “layer comprising” “a substance onto or into which genetic material may
be deposited, which can transport the genetic material when the [substance] is moved.”
In addition, the layer comprising a substance that can transport the genetic
material when the substance is moved has deposited on or in it genomic DNA
comprising more than one chromosome from a “vertebrate, invertebrate, plant, and
prokaryotic” individual that belongs to “any group of individuals.”
When we give the terms of claim 23 their broadest reasonable interpretation
consistent with the definitions in the specification, we interpret claim 23 to be directed to
a device comprising an object that includes a region having a layer of a substance that
can transport genetic material when the substance is moved, and that has deposited on
or in it at least two chromosomes from the genomic DNA of any organism.
Claim 24 is directed to the same device, wherein the layer of a substance that
can transport genetic material when the substance is moved comprises “a saccharide
selected from at least one of sucrose and glucose.” (Although the preamble of claim 24
recites the “substrate of claim 23,” we interpret the claim as being directed to the device
defined by claim 23; a dependent claim must incorporate all of the limitations of the
claim from which it depends. 35 U.S.C. § 112, fourth paragraph.)
Claim 40 is directed to a device comprising “an object onto which genetic
material may be deposited,” and a “layer comprising” “a substance onto or into which
genetic material may be deposited, which can transport the genetic material when the
[substance] is moved,” where the layer comprises two separate positions at which there
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