Appeal No. 2006-1547 Page 22
Application No. 10/114,668
Neither Ulfendahl nor Yu describe arrays comprising a polymerase in a dry,
stable format as required by claim 8. However, Morozov describes dry protein or DNA
arrays, including the use of trehalose to protect proteins against damage caused by
drying. See e.g., Morozov, column 1, lines 19-25; column 16, line 30-column 17, line
11; column 27, Example 4. (See Specification, ¶ 56, 92, where the presence of
trehalose is described in the specification as stabilizing the polymerase during the
drying process). Since Morozov discloses dry protein and DNA arrays, and methods of
making them (e.g., column 27, Example 4), the person of ordinary skill in the art would
have been motivated with a reasonable expectation of success to have applied this
technology to the array described in Ulfendahl for the purpose of producing kits
comprising prefabricated dry DNA arrays as described in Yu (e.g., ¶ 76, 101). The
application of Morozov’s technology for drying arrays of protein and DNA would be well
within the skill of the ordinary skilled worker.
Claims 8-11, 19, 20, and 24-28
Pursuant to 37 C.F.R. § 41.50, a new ground of rejection is made for claims 8-11,
19, 20, and 24-28 under 35 U.S.C. § 103 as being obvious over Yu in view of Ulfendahl
and Morozov and Lin9.
The disclosures of Ulfendahl and Yu have been discussed above and in the
Examiner’s Answer.
9 Lin, U.S. Pat. No. 6,197,554, issued Mar. 6, 2001 (cited on PTO-892, attached to this decision)
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