Appeal No. 2006-1547 Page 5
Application No. 10/114,668
Id., e.g., ¶ 30. Glass is the only disclosed example. Id., ¶ 92, Examples I and II.
Claims 1 and 8 also refer to a “pulse-jet deposited polymerase” which is a
component of the claimed DNA primer composition. The application describes the use
of pulse-jet (e.g., inkjet) to deposit the array reagents, including polymerases. Id., ¶ 47-
51. The phrase “pulse-jet deposited polymerase” is not expressly defined in the
specification, but given that “pulse-jet” is extensively described as a means for
depositing protein reagents, including enzymes having polymerase activity, we construe
the phrase to mean that the polymerase was immobilized on the solid support by pulse-
jet deposition. This technology facilitates the deposition of reactants at discrete
locations on the array surface. Id., ¶ 26, 32, 56.
Claim 8 and 19 also refer to the primer compositions being “in a dry, storage
stable format.” This is expressly defined in the specification: “By dry, storage stable
format is meant an array that is present in dry form, where the various reagents
compositions making up the array are dry, i.e., are not fluid compositions.” Id., ¶ 56. In
one embodiment, dehydration is described to produce a dry sample on the substrate
surface by removing the water. Id., ¶ 53.
2. Indefiniteness under §112, second paragraph
Claims 1-28 were rejected under 35 U.S.C. § 112, second paragraph as
indefinite in the recitation of a “pulse-jet deposited polymerase.” The examiner stated
that “it is unclear what makes a polymerase a pulse-jet deposited polymerase. The
specification and the art do not specifically define what a pulse-jet deposited
polymerase encompasses.” Examiner’s Answer, page 3.
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