Appeal 2007-1624
Application 10/424,662
encoding system, a color encoding system, or a combination of any of these,
or any other encoding system” (Fodor, at col. 21, ll. 54-60).
8. Claim 2 of Fodor is directed to a method of detecting nucleic acid
sequences using an array of polynucleotides bound to a solid support, where
“the solid support comprises an array of beads” (Fodor, at col. 82, ll. 49-50).
9. When a single substrate surface is utilized (Findings of Fact (“FF”) FF 1;
Fodor, at col. 3, ll. 6-13), the positional attachment of oligonucleotides to the
solid substrate surface is necessary to determine which sequences are present
in the target DNA (e.g., Fodor, at col. 2, ll. 35-39; col. 3, ll. 19-29; and col.
19, ll. 20-32).
Pirrung
10. Pirrung describes determining signal detection capability of fluorescent
beads (col. 26, ll. 11-45). “One of the beads was placed in the illumination
field on the scan stage . . . in a field of a laser” (Pirrung, at col. 26, ll. 18-21).
11. The laser beam was directed at the bead and the resulting fluorescence
was measured (Pirrung, at col. 26, ll. 20-29).
12. The bead utilized in the assay described by Pirrung (col. 26) did not
contain attached DNA and was not arranged with other particles to form an
oligonucleotide array.
13. There is no teaching in Pirrung that the particles with attached DNA can
be arranged on a substrate in a planar configuration.
DISCUSSION
Rejection under § 112, first paragraph
Claims 77-86, 88, 89, and 105-108 stand rejected under 35 U.S.C.
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