Ex Parte Leproust et al - Page 4

                 Appeal 2006-0592                                                                                      
                 Application 10/278,274                                                                                

                 REFERENCES                                                                                            
                        The Examiner relies on the following references:                                               
                        Earhart  US 6,300,137 B1   Oct. 9, 2001                                                        
                        Lowe   US 2002/0081597 A1  Jun. 27, 2002                                                       
                        Perbost   US 6,171,797 B1   Jan. 9, 2001                                                       

                 OBVIOUSNESS                                                                                           
                        The examiner rejected claims 1-12, 14-18, and 20 under 35 U.S.C.                               
                 § 103(a) as unpatentable over Earhart, Lowe, and Perbost.                                             
                        The Examiner’s Answer refers to the Office Action mailed September                             
                 27, 2004 (Office Action) for the factual findings supporting the rejection of                         
                 record.  According to the Examiner, Earhart describes a method of                                     
                 producing an array of at least two different nucleic acid ligands, covalently                         
                 bonded to the surface of a substrate, wherein Earhart’s method comprises, in                          
                 pertinent part:                                                                                       
                         • Providing a substrate having a surface displaying hydroxyl                                  
                               groups (Earhart Col. 4, ll. 25-32; Figs. 2 and 4A).  According to                       
                               the Examiner, this meets step (a) of the claimed method (Office                         
                               Action 8).                                                                              
                         • Contacting the substrate with DMT-blocked reactive nucleoside                               
                               monomers (i.e., monomers blocked at the 5’ end with a labile                            
                               blocking group) to allow them to covalently bond to a plurality                         
                               of areas on the substrate (Earhart Col. 4, ll. 25-32; Col. 6, ll. 31-                   
                               35; Figs. 4A and 4B).  According to the Examiner, this meets                            
                               step (b) of the claimed method (Office Action 8).                                       
                         • Contacting the blocked nucleoside monomers on the substrate                                 
                               with an oxidation solution (Earhart Col. 7, ll. 1-4; Claim 10).                         
                               According to the Examiner, this meets step (c) of the claimed                           
                               method (Office Action 8).                                                               


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