Ex Parte Leproust et al - Page 6

                 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.).                           



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