Appeal 2007-2955
Application 10/190,425
as representative of the claimed subject matter for the purpose of deciding
this appeal, and claims 2-4, 6, 10, 31, and 33 will stand or fall with claim 1.
Claims 1 reads as follows:
1. A method of profiling cells, the method comprising:
contacting a population of live cells with a microarray, wherein
said microarray comprises a pattern of probes that have been
deposited as spots on the surface of a hydrated gel coated solid
support with a non-contact printer, wherein said live cells are bound to
said probes; and
determining the effect of said probes on said cells in a site
specific analysis.
FINDINGS OF FACT7
The Claimed Invention
1. Profiling cells entails analyzing the cells “with respect to their
expression of cell surface molecules, and ability to respond to external
stimulus in the microenvironment” (Spec. ¶ 8).
2. Analysis of the cells’ ability to respond to external stimuli “include[s]
detection of cytoplasmic, cell surface or secreted biomolecules . . .
includ[ing] specific epitopes . . . using specific monoclonal antibodies”
(Spec. ¶ 51).
3. “The cells are arrayed on a planar or three-dimensional substrate
through binding to immobilized or partially diffused probes” (Spec. ¶ 8).
4. A substrate is defined as “[a]ny surface to which the probes of the
subject invention are attached” (Spec. ¶ 23), including acrylamide, nylon,
nitrocellulose, polypropylene, collagen gels, matrigels, ECM gels, glass,
fused silica, quartz, as well as various plastics and metals (id. at ¶ 24).
7 Findings of Fact are abbreviated as “FF”.
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