Appeal 2006-0592 Application 10/278,274 “[t]he remaining steps (oxidizing, deblocking, and washing) are performed according to conventional oligonucleotide synthesis” (Earhart Col. 16, ll. 8-10; Answer 6). Finally, the Examiner relies on Perbost’s “method of synthesizing an array of polynucleotide[s],” wherein “after treating the array with silanizing agent [dissolved] in toluene, the array is washed and dried with toluene” (Office Action 10), and Lowe’s “microarray fabrication method[ ],” wherein “toluene [is used] for washing steps” (id.), as evidence that toluene is a conventional washing reagent in methods of making polynucleotide arrays. According to the Examiner, it would have been obvious to one of ordinary skill in the art “that the reagent toluene which was already employed as a dissolving reagent in making the activating [(deblocking)] reagent (of Earhart [ ]) would have been useful in the ‘rinsing’ or washing step of Earhart” (Answer 8) - corresponding to instant steps (e) and (d), repectively. Appellants argue that “[t]he present invention is based on the realization that by using an organic solvent, such as toluene, to limit evaporation, one can reduce depurination reactions on the substrate surface and therefore obtain better arrays” (Brief 14). “In particular, the specification discloses . . . [that] [a] feature of the subject methods is that the deblocking solution includes an acid present in an organic solvent that has a sufficiently low vapor pressure such that . . . depurination reactions resulting from the increase in effective acid deblocking agent during evaporation of the solvent from the surface do not occur to any significant extent” (id.). 6Page: Previous 1 2 3 4 5 6 7 8 Next
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