Appeal No. 2006-0673 Page 21
Application No. 09/919,555
molecular moieties, information regarding the nature of attachment of the molecular
moieties to the substrate surface, information relating to experimental conditions that
describe potential uses of the molecular moieties, and/or information relating to the
results of such experiments. The information may be electronically, magnetically,
optically, and/or mechanically readable." (¶ 0008 (emphases added).) Ellson explains
that its "technology allows an array manufacturer to produce customized arrays to order
for customers who provide the desired specifications." (¶ 0004.) We find that Ellson's
inclusion of shipping information in the storage media teaches the claimed forwarding of
data to a location remote from where an array is fabricated to the premises of
customers. Therefore, we affirm the rejection of claim 1 and of claims 2, 4-16, and
47-54, which fall therewith, as obvious over Perttunen and Ellson.
D. OBVIOUSNESS OVER PERTTUNEN, ELLSON, AND ZELENY
The examiner finds, "Zelany et al . . . teach that . . . control probes are useful for
calibrating and adjusting [a] scanner thereby facilitating scanning (Column 3, lines 19-
25.) (Examiner's Answer at 17.) The appellants do not contest this finding but merely
reference the "reasons described above." (Reply Br. at 24.) Having been
unpersuaded by these reasons, we affirm the rejection of claims 45 and 46 as obvious
over Perttunen, Ellson, and Zeleny.
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