Appeal 2007-1163
Application 10/172,470
synthesis step in communication [with] a dispensing station
(each bank of nozzles is coupled to a different reagent for
polymer synthesis . . .) and a separate vent (gas outlet #71), a
vacuum source in fluid communication with the flow cell (#83
. . .) and a controller for communication with a computer
comprising software to control said vent and vacuum source.
(Answer 3.)
The Examiner finds that Brennan “teaches a computer programmed to
control ‘simultaneous functions’ that provide reagent flow into and out of
the flow cell” (id. at 4). In addition,
Brennan teaches that liquid is retained within the flow cell until
the pressure differential is increased wherein the increased
pressure differential is provided by “a combination of positive
pressure ..... and a vacuum.” Brennan teaches pressure is
applied to the flow cell via a gas inlet which inherently must be
open (i.e. vent) to allow the passage of gas to thereby increase
the pressure.
(Id., citations to Brennan omitted.) Therefore, the Examiner argues, “the
computer controlled application of positive pressure vents the flow cell as
claimed” and that, because Brennan teaches the “combined application of
pressure and vacuum in a single step of a computerized program . . . and
under the control of . . . computer software . . . , Brennan teaches the
controller and software providing simultaneous vent/vacuum as claimed”
(id.).
We conclude that the Examiner has set forth a prima facie case that
claim 23 is anticipated. Brennan describes “a polymer synthesis apparatus
for building a polymer chain by sequentially adding polymer units in a
reagent solution. The synthesis apparatus comprises a head assembly having
a plurality of nozzles mounted thereto. . . . Each nozzle is coupled to a
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