Appeal 2007-1624
Application 10/424,662
41. The particles can be labeled with oligonucleotides to facilitate their
recognition (FF 23). An oligonucleotide is a “chemical tag” and thus meets
the requirement of claim 84.
42. Oligonucleotides can be labeled with visible markers (see, e.g.,
Drmanac, at col. 21, ll. 23-25) which are “capable of being interrogated
optically” as recited in claim 85.
43. The genomic DNA or oligonucleotides of Drmanac hybridize to their
complement (FF 27), meeting the limitation of claim 88.
44. Claim 89 further recites that the claimed array comprises “a multiplicity
of subarrays of oligonucleotides, wherein the location of each subarray on
said substrate in combination with the encoding indicates the types of
oligonucleotides located therein.” This limitation is met by Drmanac’s
disclosure of HA submatrices, including replica HA in which the particles
have the same position in each replica (FF 28).
Claim 90
45. Claim 90 is a product-by-process claim for producing an array of
oligonucleotides by steps of: 1) providing reservoirs comprising particles
having attached oligonucleotides and 2) transferring the particles to a
substrate to form a planar array where the particles are in known positions.
46. The claim recites that the particles have different oligonucleotides
attached to them and are “encoded with a chemical or physical characteristic
that uniquely identifies the particle type and oligonucleotide attached
thereto.”
47. The claim also requires that “the known positions of the reservoirs
within the layout in combination with the encoding indicate the types of
particles contained therein.” Thus, when the process is carried out, the
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