Appeal 2007-1132
Application 10/036,999
Claim 5:
Claim 5 is drawn to a method that comprises three steps. Step (a)
requires that an interrogating light be scanned across multiple sites on an
array package. According to step (a), the array package comprises an
addressable array of multiple biopolymeric features of different moieties. In
addition, step (a) requires that the scanned 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 altered for a first site on the array
package during scanning based on the signal emitted from the first site,
when the interrogating light initially illuminates the first site. In addition,
step (c) requires that the first site is an array feature.
Bengtsson’s method requires, inter alia, that a first scan line of a
feature on a microarray is scanned. The system then determines whether an
adjustment is necessary; if so, the same scan line is then rescanned and this
process continues until the system is no longer saturated or a predetermined
minimum power level is obtained (Bengtsson, col. 2, ll. 23-51). Simply
stated, Bengtsson’s method requires a low-resolution pre-scan of the
elements in the microarray prior to performining a high-resolution scan of
the microarray.
Appellants’ claimed invention requires that “the interrogating light
power is altered based on the signal emitted from the first site, when the
interrogating light initially illuminates the first site” (claim 5). Appellants’
Specification distinguishes between the process recited in the claim and a
pre-scan, such as that taught by Bengtsson. Specifically, Appellants’
Specification discloses that
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