Appeal No. 2006-0227 Page 10
Application No. 10/121,264
chromosomes serve as positive and negative controls for hybridization of the
chromosome-specific probes to the target chromosomes in the sample.
We agree with the examiner that Chu’s disclosure anticipates claim 40. The
device disclosed by Chu comprises a substrate (i.e., “an object onto which genetic
material may be deposited”). Specifically, Chu teaches that the eight wells of the tray
can have probes predried in them (col. 33, lines 18-20). Thus, the tray is an object into
which genetic material may be deposited – a substrate.
Chu’s device also comprises a transfer agent layer (i.e., 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”). Specifically, Chu teaches a
microscope slide having samples of all twenty-four human chromosomes immobilized at
each of eight regions. The chromosomes would be transported when the microscope
slide is moved. Thus, the microscope slide meets the definition of a transfer agent
layer.
Finally, Chu teaches that the microscope slide (transfer agent layer) has all
twenty-four human chromosomes immobilized on it at each of eight separate locations.
Thus, the microscope slide comprises eight genetic material positions, each of them
comprising more than one chromosome of genomic DNA. Genomic DNA by definition
comes from a cell, and all cells are ultimately derived from an individual. According to
the specification, a “defined population” is any group of individuals; thus, all individuals
belong to some defined population.
Claim 40, in its broadest reasonable interpretation, reads on the device disclosed
by Chu. Therefore, claim 40 is anticipated by Chu.
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