Appeal No. 2006-1547 Page 2
Application No. 10/114,668
hybridized to a target nucleic acid analyte. Specification, ¶ 6. In addition to the DNA
primer, a DNA polymerase, dNTPs, and other reactants required for DNA synthesis can
be present at the distinct locations which comprise the array.
Discussion
1. Claim construction
Claims 1-39 are on appeal. The claims do not stand or fall together. Appellant
presented arguments for three separate groups of claims. Appeal Brief, page 11. We
consider the following claims representative of the claims subject to each rejection:
Group I
1. A method of assaying a sample for the presence of one or more nucleic acid
analyte members of a nucleic acid analyte set, said method comprising:
(a) providing an array of at least two distinct DNA primer compositions
immobilized on a surface of a solid support at distinct locations, wherein each of
said at least two distinct DNA primer compositions comprises a DNA primer that
hybridizes under stringent conditions to a different member of said nucleic acid
analyte set and at least one template dependent primer extension reactant
comprising a pulse-jet deposited polymerase;
(b) contacting each of said at least two distinct DNA primer compositions of said
array with said sample under DNA synthesis conditions sufficient to produce
labeled target nucleic acids at locations on said surface where a nucleic acid
analyte present in said sample hybridizes to a DNA primer to produce a duplex
nucleic acid;
(c) detecting the presence of labeled target nucleic acids on said array surface to
obtain assay data; and
(d) employing said assay data to determine the presence of one or more nucleic
acid analytes in said sample.
Group II
8. The method according to Claim 1, wherein said providing step comprises
providing an array of DNA primer compositions in a dry, storage stable format,
wherein each DNA primer composition includes: (a) a DNA primer; (b) pulse-jet
deposited polymerase; and (c) at least one of an effective amount of a DNA
synthesis reagent selected from the group consisting of: (i) dATP; (iii) [sic] dGTP;
(iii) dTTP; (iv) dCTP; and (v) at least one type of labeled dNTP.
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