Ex Parte Leproust et al - Page 6

                Appeal  2007-2213                                                                                  
                Application  10/355,433                                                                            

                       glycol results in greater accuracy of the placement of the probe                            
                       or probe precursor when the liquid has a particular viscosity.                              
                (Id. at 6-7.)                                                                                      
                       We conclude that the Examiner has set forth a prima facie case that                         
                claim 1 would have been obvious to the ordinary artisan.  Brennan describes                        
                “a method for conducting a large number of chemical reactions on a support                         
                surface,” including methods for making array plates (Brennan, col. 2, ll. 11-                      
                28).  In the method, “[s]olutions of chemical reactants are added to                               
                functionalized binding sites on the support surface by means of a                                  
                piezoelectric pump.  This pump deposits microdroplets of chemical reactant                         
                solution onto the binding sites.”  (Id. at col. 2, ll. 12-16.)                                     
                       In Example 2, Brennan describes the assembly of oligonucleotides on                         
                dot surfaces of array plates according to the H-phosphonate procedure or the                       
                phosphoramidite method (id. at col. 7, l. 42, to col. 8, l. 18).  “Droplets of                     
                oligonucleotide synthesis reagents in acetonitrile are applied to the dot                          
                surfaces and tend to bead up” (id. at col. 7, ll. 53-55).  A “piezoelectric                        
                pump head is used to deliver the blocked nucleotides and activating reagents                       
                [in acetonitrile] to the individual dots” (id. at col. 8, ll. 6-15).  We agree with                
                the Examiner that it would have been prima facie obvious to include the                            
                same concentration of the blocked nucleotides in the different drops, because                      
                similar concentrations of reagent would be expected to result in similar                           
                reaction rates for the different monomers.                                                         
                       Okamoto describes “a method of spotting a probe . . . to a solid                            
                support,” comprising “supplying a liquid containing a probe on a surface of                        
                a solid support by an ink jet method” (Okamoto, col. 2, ll. 20-25).  Okamoto                       
                states that “use of the spotting method . . . allows accurate and efficient                        

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