Ex Parte Remick et al - Page 2

                Appeal 2007-1163                                                                                 
                Application 10/172,470                                                                           

                cell chamber, a manifold, and a vacuum source (id.).  “The manifold                              
                compris[es] at least 3 inlets, a wash reagent inlet, an inlet for a reagent for                  
                conducting a step of said synthesis, and a vent.  The flow cell assembly may                     
                also comprise . . . a controller for controlling . . . the vent and the vacuum                   
                source.”  (Id. at 4-5.)                                                                          
                       The Specification also describes methods for the synthesis of                             
                chemical compounds on supports, which “employ one or more flow cells or                          
                chambers, in a different repetitive step in the synthesis” (id. at 5).                           
                Specifically, the Specification describes a method in which “the support is                      
                placed in the flow cell, which is then filled with a reagent for carrying out                    
                the particular step of the synthesis.”  After the reagent has sufficient time “to                
                interact with the materials on the surface of the support,” the “reagent is                      
                removed from the flow cell at a pressure that does not substantially exceed                      
                atmospheric pressure.  This may be accomplished by simultaneously venting                        
                and applying a vacuum to the flow chamber.”  (Id.)                                               
                                                DISCUSSION                                                       
                1.  CLAIMS                                                                                       
                       Claims 23-28 are pending and on appeal.  The claims have been                             
                argued in four groups (Br. 4-8); the claims within each group stand or fall                      
                together.  37 C.F.R. § 41.37(c)(1)(vii).  We will focus on claims 23, 24, 26,                    
                and 28, which are representative and read as follows:                                            
                       23. A flow cell assembly for conducting at least one reaction in the                      
                synthesis of an array of biopolymers on the surface of a support, said flow                      
                cell comprising:                                                                                 
                       (a) a flow cell chamber,                                                                  
                       (b) a manifold in fluid communication with said chamber, said                             
                manifold comprising at least a separate wash reagent inlet in fluid                              

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