Appeal 2007-2213
Application 10/355,433
substrate surface so that the probe precursors bind to the surface through a
linker,” this depositing step being “repeated multiple times wherein the
probe precursor deposited in a prior cycle becomes the linker for a probe
precursor deposited in a subsequent cycle” (Specification 5).
The Specification also states that the “deposited drops include a
viscosity modifier, such as a viscosity enhancer in the form of an unblocked-
hydroxy free and unblocked-amino free polymer to enhance viscosity” (id.).
“Unblocked-hydroxy free and unblocked-amino free” refers to “polymers
which do not have any unblocked hydroxy or amino groups (that is, do not
have an –OH or an –NR1H group, where R1 may be H or another
substituent)” (id. at 10). “A ‘blocked’ hydroxy group references a hydroxy
group (–OH ) in which the free H has been replaced by a protecting group
which renders the hydroxy unreactive under the conditions of an in situ
biopolymer fabrication process in which it is used” (id.). The viscosity
enhancing polymer may be a blocked polyhydric polymer, such as a blocked
polyalkylene glycol (id. at 11).
DISCUSSION
1. CLAIMS
Claims 1-33 and 42-49 are pending and on appeal. The claims have
been argued in five groups (Br. 9, 11, and 15-17). The claims within each
group stand or fall together. 37 C.F.R. § 41.37(c)(1)(vii). We will focus on
claims 1, 5, 7, 19, and 42, which are representative.
Claims 1, 5, 7, 19, and 42, as well as claim 18 on which claim 19
depends, read as follows:
1. A method of fabricating an array of biopolymer
probes bound to a surface of a substrate, comprising:
2
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