Appeal 2007-1132
Application 10/036,999
sites comprise multiple features of the array. Step (b) requires the signals
emitted from respective scanned sites in response to the interrogating light
be detected. Step (c) requires that the power of the interrogating light be
decreased during the scan of a first site. According to step (c), the first site
is on the array package, but is outside of the area occupied by the array.
According to the Examiner, Bengtsson teaches a method of scanning a
microarray, wherein the power of the interrogating light is decreased as it
scans a calibration area on the microarray (Answer 3). In this regard, we
find that Bengtsson teaches a system that automatically sets its sensitivity for
a new sample by first locating the microarray1 on the sample (Bengtsson,
col. 6, ll. 1-3). Specifically, Bengtsson performs a low-resolution scanning
operation over the entire sample to locate the microarray (Bengtsson, col. 6,
ll. 3-6). Bengtsson’s system displays the results of this scanning operation
as a map of the fluorescent intensity of the microarray (Bengtsson, col. 6, ll.
14-17). Once the position of the micro-array is determined, the user can
then select a calibration area (Bengtsson, col. 6, ll. 23-24), calibrate the
system with a low-resolution calibration step (Bengtsson, col. 2, l. 23 – col.
3, l. 14), and then proceed with a high resolution scan of the relevant area of
the micro-array (Bengtsson, col. 5, l. 41 through col. 6, l. 37).
Bengtsson teaches that both the scan to locate the array and the initial
calibration scan are performed with an interrogating light having decreased
power. Specifically, Bengtsson teaches that the locating scan is performed
by a low-resolution scan wherein the interrogating light is set, for example,
1 According to Bengtsson, the microarray may contain “chemicals, DNA and
so forth that are under study” (Bengtsson, col. 1, ll. 14-16).
6
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