Appeal 2007-2213
Application 10/355,433
provision of a probe on a solid support and efficient manufacturing of a
probe array” (id. at col. 2, ll. 25-28). Okamoto also states that the liquid
preferably has a viscosity of 1-15 cps (id. at col. 4, ll. 43-45) and that “a
preferable liquid contains glycerin, urea, thiodiglycol or ethyleneglycol” (id.
at col. 4, ll. 64-66). Based on the teachings in Okamoto, we agree with the
Examiner that it would have been prima facie obvious to include a viscosity
enhancer in the oligonucleotide synthesis reagent described in Brennan to
achieve a viscosity of from 1-15 cps, including a viscosity of 7-15 cps. In
addition, we agree with the Examiner that it would have been prima facie
obvious for the different drops to be within 2 cps of one another because
solutions with similar viscosities would be expected to display similar
properties with respect to ejection from the piezoelectric pump used by
Brennan, and retention on a substrate.
Appellants do not dispute that it would have been obvious to use
monomer solutions having the same concentration of monomer, or to include
an unblocked-hydroxy free and unblocked-amino free polymer as the
viscosity enhancer. Appellants argue, however, that the cited references do
not “teach or suggest depositing drops containing different probe precursors
on to the surface of a substrate wherein the viscosity of the drops of the
different probe precursors is above 7 cps and varies by 2 cps or less from
one another” (Br. 11-12). Appellants argue further that
Okamoto discloses that the ejection liquids, which contain the
different nucleic acid probes to be deposited onto the substrate,
may vary from one another both with respect to the nucleic acid
probe concentration and viscosity. . . . Accordingly, because the
different ejection fluids may vary with respect to their viscosity,
Okamoto does not teach or suggest depositing drops containing
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