Appeal No. 2006-1547 Page 4
Application No. 10/114,668
which are spatially separated from each other. See, e.g., Id., ¶ 27, 32, and 33. The
latter is consistent with the many examples described in the application. See, e.g., Id.,
page 27, Example II. B.
The primer compositions which are “immobilized” on the surface of the support
contain distinct DNA primers, a pulse-jet deposited polymerase, and other reactants.
With respect to the DNA primers, the term “immobilized” is described in the application
as meaning “stably associated with,” and can be achieved through either covalent or
non-covalent bonding. Id., ¶ 28, 31, 92. There is no express definition of how the
polymerase (and other reactants in dependent claims) are immobilized on the surface,
but most of the examples involve deposition by pulse-jet technology, so we construe
“immobilized” to include reactants which have been associated with the support by
pulse-jet deposition. Id., ¶ 46, 47. When pulse-jet fluid deposition is utilized to
immobilize a reactant, fluid containing the reactant (primer, polymerase, dNTP, etc) is
expelled on to the surface, where it can be optionally covalently bound. ¶ 32, 69. Thus,
we construe “immobilized on a surface of a solid support” broadly to include the deposit
of a fluid, and not to require covalent linkage.
“Pulse-jet” is a technology for delivering small sample volumes to a surface or
location. The technology is admitted to be prior art for both DNA (Id., ¶ 5, 47) and
proteins (Id., ¶ 5). “Thermal inkjet deposition” is a type of pulse-jet technology. Id., ¶ 48,
62-72. The terms “inkjet” and pulse-jet” are used interchangeably herein.
The phrase “solid support” is not utilized in the specification, although it is recited
in the original claims. Instead, the specification repeatedly refers to a “substrate
surface.” Id., e.g., ¶14, 28, 32. There is no restriction described for the substrate.
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