Appeal No. 2006-0258 Page 10
Application No. 09/755,747
single DNA strand will be attached to a single streptavidin molecule that is
attached to the microtiter plate. Looking only at the DNA layer, one will see a
monolayer of single DNA strands. However, looking at a cross-section of the
wells of the microtiter plate, one will see a multi-layer, wherein the well forms the
base, streptavidin molecule is attached to the well, and single DNA strands are
attached to the streptavidin.
Now, considering page 24, lines 10-13 of appellant’s specification, “PCR
reaction products were mixed with an equal volume of Buffer . . . and transferred
to individual wells of a streptavidin coated thin wall microtiter plate. . . .” As we
understand it, the streptavidin is acting as a linker – linking the PCR reaction
products to the plate. So from the examiner’s point of view a multi-layer will
result, if one looks at a cross-section of the microtiter plate. However, looking at
each layer, Strohner (Strohner Declaration, paragraph 2), informs us that
regardless of how the streptavidin plate was coated, the result will be a
monolayer of streptavidin on the plate. Therefore, the “linkers” are in the form of
a monolayer. When the PCR products are added to this monolayer, the result
will be a monolayer of PCR products attached to the microtiter plate through a
monolayer of streptavidin linkers. See Strohner Declaration, paragraph 2, “DNA
molecules which are bound to this reactive streptavidin monolayer will inevitably
form a superimposed DNA monolayer.” Therefore, we see no conflict between
the Strohner Declaration and the teachings of Jordon. The interpretations of the
examiner and appellant differ only with regard to the manner in which you look at
the resulting plate.
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007