Appeal 2007-2213
Application 10/355,433
3. OBVIOUSNESS
Claims 1-33 and 42-49 stand rejected under 35 U.S.C. § 103 as
obvious over Brennan and Eckstein in view of Okamoto. The Examiner
relies on Brennan for describing
fabricating an array of biopolymer probes bound to a surface of
a substrate, comprising: (a) depositing drops, at least some of
which contain probe precursors, onto the substrate surface so
that the probe precursors bind to the surface through a linker,
wherein all of the drops containing probe precursors contain the
same concentration of probe precursors and . . . (b) repeating (a)
multiple times wherein the probe precursor deposited in a prior
cycle becomes the linker for a probe precursor deposited in a
subsequent cycle, so as to form the array.
(Answer 4-5.) The Examiner relies on Eckstein for teaching polynucleotide
synthesis using precursors at the same concentration (id. at 5).
The Examiner relies on Okamoto for teaching both “the addition of a
blocked polyhydric polymer or a blocked polyalkylene glycol to a deposition
solution” and “a viscosity of greater than 7” (id. at 8). The Examiner
concludes:
It would have been prima facie obvious to one of ordinary skill
in the art at the time the invention was made to utilize the
method of making an array as taught by Brennan . . . with the
ethylene glycol as taught by Okamoto . . . since Okamoto . . .
note[s] “..., the liquid preferably has properties such as a
viscosity of 1-15 cps. . . .” An ordinary practitioner would have
been motivated to add the ethylene glycol to the array as taught
by Brennan . . . because one problem that Okamoto . . .
recognize[s] in array deposition is spreading of the deposited
drops. Okamoto . . . solve[s] this problem by using the ethylene
glycol. An ordinary practitioner would solve the problem of
spreading of the deposited drops with the polyalkylene glycol
as taught by Okamoto . . . since the addition of the ethylene
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