Appeal 2007-1624
Application 10/424,662
27. The target DNA is denatured and binding to the complementary ONP is
performed (Drmanac, col. 18, ll. 49-58); skilled persons in the art would
have recognized that denaturation of the DNA produces single-stranded
DNA.
28. A single hybridization area can be subdivided into “submatrices”
(Drmanac, col. 19, ll. 40 to col. 20, l. 1) in which the particles carry a
physical or chemical entity which enables recognition of the particle type
(Drmanac, col. 21, ll. 9-27). HA replicas (where the particles have the same
position in each replica) can be utilized (Drmanac, col. 20, ll. 1-3).
Application of Drmanac to claims
29. Drmanac describes “differing oligonucleotides . . . attached to different
particles” as recited in claims 76 and 77 (FF 14, 15, and 17).
30. The particles are arranged in a monolayer (FF 20, 21), satisfying the
limitation in claims 76 and 77 that the particles are in a “planar
configuration.”
31. The particles are attached to specific regions of the hybridization area
(FF 28) and the exact position of each discrete particle in the hybridization
area can be established (FF 24, 25). Thus, the particles are on a “defined
area of a substrate” as recited in claims 76 and 105.
32. The particles described by Drmanac can be labeled with physical
attributes or oligonucleotides (i.e., a “chemical characteristic”)(FF 23),
meeting the limitation recited in claims 76 and 77 that the “particles are
encoded with a chemical or physical characteristic” that enables their
identification.
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