Appeal 2007-1624
Application 10/424,662
33. The particles described by Drmanac are subjected to “fixations” (FF 20)
on the substrate and the resulting hybridization areas can be “reused as
classic filters” (FF 21, 22), indicating that the particles are “permanently
anchored” by chemical bonding to the substrate on which the monolayer
rests, as required by claims 76, 106, and 107, and also on the substrate
surface as recited in claim 86.
34. Drmanac describes all elements of claims 76 and 86 (FF 29-33).
35. The DNA attached to Drmanac’s particles can be derived from a
genomic library of random clones (FF 18) or corresponding oligonucleotides
(FF 17) and thus are “compositionally random” as recited in claims 77 and
108.
36. The hybridization areas can be divided into submatrices on a single
hybridization area in which the submatrices comprise different targets (FF
28; Drmanac, col. 11, l. 58 to col. 20, l. 1). Thus, the particles are arranged
in definite locations on certain parts of the substrate, but not others, and thus
are “spatially non-random” as recited in claim 77.
37. The monolayer particle array of Drmanac is in contact with a solution at
least during hybridization and washing (FF 26) which meets the claim 77
limitation of “a contiguous aliquot of solution” that is “placed on said planar
configuration” of the array.
38. Drmanac describes all elements of claim 77 (FF 29, 30, 32, and 35-37).
39. The target DNA is denatured to form single-stranded DNA and
hybridized to complementary genomic DNAs or oligonucleotides which are
attached to the particles (FF 27) as required by claims 78 and 79.
40. The DNA attached to the particles can be “derived from a human being”
(FF 16) as recited in claims 80 and 81.
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