RESPONSE UNDER 37 C.F.R. §1. 116
`EXPEDITED PROCEDURE
`EXAMINING GROUP ART UNIT 1631
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`App|icant(s):
`
`Stavrianopoulos, et al.
`
`Serial No.:
`
`08/486,070
`
`Filed:
`
`For:
`
`June 7, 1995
`
`ARRAYS AND SYSTEMS COMPRISING
`ARRAYS FOR GENETIC ANALYSES AND
`
`OTHER APPLICATIONS
`
`(As Previously Amended)
`
`iii/iiiiiiiéi
`
`VIA EXPRESS MAIL
`
`Mail Stop Amendment
`Commissioner for Patents
`
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Group Art Unit: 1631
`
`Ex'r: Ardin H. Marschel, Ph.D.
`
`527 Madison Avenue, 9"‘ Floor
`
`New York, NY 10022-4304
`
`June 30, 2004
`
`AMENDMENT UNDER 37 C.F.R. §1.116
`
`(IN RESPONSE TO THE APRIL 7, 2004 OFFICE ACTION)
`
`Dear Sirs:
`
`This is a response (Amendment Under 37 C.F.R. §1.1 16) to the Office Action
`
`mailed on April 7, 2004 in connection with the above-identified application. A
`
`response to the April 7, 2004 Office Action is initially due by July 7, 2004.
`
`Accordingly, this response (Amendment Under 37 C.F.R. §1 .1 16) is being timely filed
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`and no extension request or fees are believed due.
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`-7IPIIC3I
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`E
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`nz
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`Page 1 of-187
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`HOLOGIC EXHIBIT 1025
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`Hologic V. Enzo
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`Page 1 of 187
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`HOLOGIC EXHIBIT 1025
`Hologic v. Enzo
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`EXPEDITED PROCEDURE
`EXAMINING GROUP ART UNIT 1631
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`App|icant(s):
`
`Stavrianopoulos, et al.
`
`Serial No.:
`
`08/486,070
`
`Filed:
`
`For:
`
`June 7, 1995
`
`ARRAYS AND SYSTEMS COMPRISING
`ARRAYS FOR GENETIC ANALYSES AND
`
`OTHER APPLICATIONS
`
`(As Previously Amended)
`
`iii/iiiiiiiéi
`
`VIA EXPRESS MAIL
`
`Mail Stop Amendment
`Commissioner for Patents
`
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Group Art Unit: 1631
`
`Ex'r: Ardin H. Marschel, Ph.D.
`
`527 Madison Avenue, 9"‘ Floor
`
`New York, NY 10022-4304
`
`June 30, 2004
`
`AMENDMENT UNDER 37 C.F.R. §1.116
`
`(IN RESPONSE TO THE APRIL 7, 2004 OFFICE ACTION)
`
`Dear Sirs:
`
`This is a response (Amendment Under 37 C.F.R. §1.1 16) to the Office Action
`
`mailed on April 7, 2004 in connection with the above-identified application. A
`
`response to the April 7, 2004 Office Action is initially due by July 7, 2004.
`
`Accordingly, this response (Amendment Under 37 C.F.R. §1 .1 16) is being timely filed
`
`and no extension request or fees are believed due.
`
`-7IPIIC3I
`
`E
`
`nz
`
`Page 1 of-187
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`HOLOGIC EXHIBIT 1025
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`Hologic V. Enzo
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`Page 1 of 187
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`HOLOGIC EXHIBIT 1025
`Hologic v. Enzo
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`Stavrianopoulos et a|.,’S. Pat. Appl. Ser. No. O8/486,07M=i|ed June 7, 1995)
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`Page 2 [Amendment Under 37 C.F.R. §1.116 -- June 30, 2004]
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`EXPRESS MAIL CERTIFICATE
`
`"Express Mail" Label No. EV531083255US
`Deposit Date
`June 30 2004
`I hereby certify that this paper and the attachments herein
`are being deposited with the United States Postal Service
`"Express Mail Post Office to Addressee" service under 37
`CFR 1.10 on the date indicated above and is addressed to
`
`the Commissioner of Patents and Trademarks, Washington
`2 231.
`
`Reg. No. 32,567
`
`% UL/Nd 3 6 2004
`
`Ronald C. Fedus
`
`Date
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`Enz-7lPl(C3l
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`Page 2 of 187
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`Page 2 of 187
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`Stavrianopoulos et al.,QS. Pat. Appl. Ser. No. 08/486,O7”5iled June 7, 1995)
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`Page 3 [Amendment Under 37 C.F.R. §1.116 -- June 30, 2004]
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`KINDLY AMEND THE ABOVE-IDENTIFIED APPLICATION AS FOLLOWS:
`
`In The Title of the Invention: Change the title to:
`
`-- Nucleic Acids Fixed or Immobilized to Non-Porous Solid Support, and
`
`System, Array and Non-Porous Glass or Plastic Solid Support Comprising
`
`Such Fixed or Immobilized Nucleic Acids —-
`
`.
`
`In The Claims: Please enter the complete listing of all claims provided below.
`
`Claims 1-2160 (Previously Canceled).
`
`Claims 2161-3143 (Canceled).
`
`Claim 3144.
`
`(New) A non-porous solid support comprising at least one single-
`
`stranded nucleic acid directly or indirectly fixed or immobilized thereto in hybridizable
`
`form, wherein when said nucleic acid is indirectly fixed or immobilized to said non-
`
`porous solid support, said indirect fixation or immobilization is not to a cell fixed in
`
`situ to said non-porous solid support.
`
`Claim 3145.
`
`(New) A non-porous solid support comprising at least one double-
`
`stranded nucleic acid fixed or immobilized thereto, wherein at least one nucleic acid
`
`strand of said double-stranded nucleic acid comprises at least one non-radioactive
`
`chemical label which is quantifiable or detectable, wherein when said nucleic acid is
`
`indirectly fixed or immobilized to said non-porous solid support, said indirect fixation
`
`or immobilization is not to a cell fixed in situ to said non-porous solid support.
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`Enz-7(PllC3I
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`Page 3 of 187
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`Page 3 of 187
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`Stavrianopoulos et al.,QS. Pat. Appl. Ser. No. O8/486,07”=iled June 7, 1995)
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`Page 4 [Amendment Under 37 C.F.R. §1.116 -- June 30, 2004]
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`Claim 3146.
`
`(New) The non-porous solid support of claim 3144 or 3145, wherein
`
`said non-porous solid support comprises glass or plastic.
`
`Claim 3147.
`
`(New) The non-porous solid support of claim 3144 or 3145, wherein
`
`said non-porous solid support comprises a plate, a well or wells, a microtiter well or
`
`microtiter wells, depressions, tubes, cuvettes, beads, or a set of said plates, wells,
`
`depressions, tubes, cuvettes or beads.
`
`Claim 3148.
`
`(New) The non-porous solid support of claim 3144 or 3145, wherein
`
`said non-porous solid support comprises more than one surface.
`
`Claim 3149.
`
`(New) The non-porous solid support of claim 3144 or 3145, comprising
`
`reactive sites or binding sites thereon, wherein said nucleic acid is fixed or
`
`immobilized to one of said reactive sites or binding sites.
`
`Claim 3150.
`
`(New) The non-porous solid support of claim 3149, wherein said
`
`reactive sites or binding sites comprise one or more amines, hydroxyls or epoxides.
`
`Claim 3151.
`
`(New) The non-porous solid support of claim 3144 or 3145, wherein
`
`said non-porous solid support has been treated with a surface treatment agent, a
`
`blocking agent, or both.
`
`Claim 3152.
`
`(New) The non-porous solid support of claim 3151, wherein said
`
`surface treatment agent comprises an amine providing compound, an epoxy glue or
`
`solution, an acid solution, or ammonium acetate.
`
`Claim 3153.
`
`(New) The non-porous solid support of claim 3151, wherein said
`
`blocking agent comprises Denhardt's solution.
`
`Enz-7(Pl(C3)
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`Page 4 of 187
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`Stavrianopoulos et a|.,.S. Pat. Appl. Ser. No. O8/486,07&=i|ed June 7, 1995)
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`Page 5 [Amendment Under 37 C.F.R. §1.116 -- June 30, 2004]
`
`Claim 3154.
`
`(New) The non-porous solid support of claim 3144 or 3145, wherein
`
`said direct or indirect fixation or immobilization to said non-porous solid support is
`
`covalent.
`
`Claim 3155.
`
`(New) The non-porous solid support of claim 3144 or 3145, wherein
`
`said direct or indirect fixation or immobilization to said non-porous solid support is
`
`non-covalent.
`
`Claim 3156.
`
`(New) The non-porous solid support of claim 3144, wherein said
`
`single-stranded nucleic acid is indirectly fixed or immobilized to said non-porous solid
`
`support by sandwich hybridization or by hybridization to a complementary nucleic
`
`acid strand.
`
`Claim 3157.
`
`(New) The non-porous solid support of claim 3145, wherein one strand
`
`of said double-stranded nucleic acid is indirectly fixed or immobilized to said non-
`
`porous solid support by sandwich hybridization or by hybridization to a
`
`complementary nucleic acid strand.
`
`Claim 3158.
`
`(New) The non-porous solid support of claim 3144, wherein said
`
`nucleic acid comprises DNA or RNA.
`
`Claim 3159.
`
`(New) The non-porous solid support of claim 3145, wherein said
`
`nucleic acid comprises DNA, RNA or both.
`
`Claim 3160.
`
`(New) The non-porous solid support of claim 3144, wherein said
`
`nucleic acid comprises a nucleic acid sequence complementary to a nucleic acid
`
`sequence of interest sought to be identified, quantified or sequenced.
`
`Enz-7(P)(C3)
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`Page 5 of 187
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`Page 5 of 187
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`Stavrianopoulos et a|.,’S. Pat. Appl. Ser. No. O8/486,07a=i|ed June 7, 1995)
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`Page 6 [Amendment Under 37 C.F.R. §1.116 —- June 30, 2004]
`
`Claim 3161.
`
`(New) The non-porous solid support of claim 3145, wherein one strand
`
`of said double-stranded nucleic acid comprises a nucleic acid sequence of interest
`
`sought to be identified, quantified or sequenced.
`
`Claim 3162.
`
`(New) The non-porous solid support of claim 3144, wherein said
`
`single-stranded nucleic acid is unlabeled.
`
`Claim 3163.
`
`(New The non-porous solid support of claim 3144 or 3145, wherein
`
`said non-porous solid support is transparent or translucent.
`
`Claim 3164.
`
`(New) The non-porous solid support of claim 3145, wherein said non-
`
`radioactive chemical label is quantifiable in or from a fluid or solution, said quantity
`
`being proportional to the amount or quantity of said label or labels.
`
`Claim 3165.
`
`(New) The non-porous solid support of claim 3145, wherein said non-
`
`porous solid support is transparent or translucent, and said non-radioactive chemical
`
`label is quantifiable in or from a fluid or solution or in or through said non-porous solid
`
`support, said quantity being proportional to the amount or quantity of said label or
`
`labels.
`
`Claim 3166.
`
`(New) The non-porous solid support of claim 3145, wherein said non-
`
`radioactive chemical label comprises a chromagen or a chromagenic compound, a
`
`colored dye compound, a fluorogen or a fluorescent compound, a chemiluminescent
`
`compound, a chelating compound, an enzyme or an enzymatic compound, a
`
`coenzyme, biotin, iminobiotin, a hapten or a ligand.
`
`Enz-7(P)(C3)
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`Page 6 of 187
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`Page 6 of 187
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`Stavrianopoulos et al.,QS. Pat. Appl. Ser. No. O8/486,07g=i|ed June 7, 1995)
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`Page 7 [Amendment Under 37 C.F.R. §1.116 —— June 30, 2004]
`
`Claim 3167.
`
`(New) The non-porous solid support of claim 3145, wherein a non-
`
`radioactive signal from said non—radioactive chemical label is quantifiable or detectable
`
`by photometric techniques, spectrophotometric techniques, colorimetric techniques,
`
`fluorometric techniques or chemiluminescent techniques.
`
`Claim 3168.
`
`(New) The non-porous solid support of claim 3144, comprising more
`
`than one single-stranded nucleic acid.
`
`Claim 3169.
`
`(New) The non-porous solid support of claim 3145, comprising more
`
`than one double-stranded nucleic acid.
`
`Claim 3170.
`
`(New) A set comprising the non-porous solid support of claim 3144.
`
`Claim 3171.
`
`(New) A set comprising the non-porous solid support of claim 3145.
`
`Claim 3172.
`
`(New) A system comprising a non-porous solid support and at least one
`
`single-stranded nucleic acid directly or indirectly fixed or immobilized thereto in
`
`hybridizable form, wherein when said nucleic acid is indirectly fixed or immobilized to
`
`said non-porous solid support, said indirect fixation or immobilization is not to a cell
`
`fixed in situ to said non-porous solid support.
`
`Claim 3173.
`
`(New) A system comprising a non-porous solid support and at least one
`
`doub|e—stranded nucleic acid fixed or immobilized thereto, wherein at least one nucleic
`
`acid strand of said double-stranded nucleic acid comprises at least one non-
`
`radioactive chemical label which is quantifiable or detectable, and wherein when said
`
`nucleic acid is indirectly fixed or immobilized to said non-porous solid support, said
`
`indirect fixation or immobilization is not to a cell fixed in situ to said non-porous solid
`
`support.
`
`Enz-7(P)(C3l
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`Page 7 of 187
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`Page 7 of 187
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`Stavrianopoulos et a|.,..S. Pat. Appl. Ser. No. O8/486,07”=i|ed June 7, 1995)
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`Page 8 [Amendment Under 37 C.F.R. §1.116 -- June 30, 2004]
`
`Claim 3174.
`
`(New) The system of claim 3172 or 3173, wherein said non-porous
`
`solid support comprises glass or plastic.
`
`Claim 3175.
`
`(New) The system of claim 3172 or 3173, wherein said non-porous
`
`solid support comprises a plate, a well or wells, a microtiter well or microtiter wells,
`
`depressions, tubes, cuvettes, beads, or a set of said plates, wells, depressions, tubes,
`
`cuvettes or beads.
`
`Claim 3176.
`
`(New) The system of claim 3172 or 3173, wherein said non-porous
`
`solid support comprises more than one surface.
`
`Claim 3177.
`
`(New) The system of claim 3172 or 3173, wherein said non-porous
`
`solid support comprises reactive sites or binding sites thereon, wherein said nucleic
`
`acid is fixed or immobilized to one of said reactive sites or binding sites.
`
`Claim 3178.
`
`(New) The system of claim 3177, wherein said reactive sites or binding
`
`sites comprise one or more amines, hydroxyls or epoxides.
`
`Claim 3179.
`
`(New) The system of claim 3172 or 3173, wherein said non-porous
`
`solid support has been treated with a surface treatment agent, a blocking agent, or
`
`both.
`
`Claim 3180.
`
`(New) The system of claim 3179, wherein said surface treatment
`
`agent comprises an amine providing compound, an epoxy glue or solution, an acid
`
`solution or ammonium acetate.
`
`Enz-7(P)(C3)
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`Page 8 of 187
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`Page 8 of 187
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`Stavrianopoulos et a|.,..S. Pat. Appl. Ser. No. 08/486,07M=i|ed June 7, 1995)
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`Page 9 [Amendment Under 37 C.F.R. §1.116 -- June 30, 2004]
`
`Claim 3181.
`
`(New) The system of claim 3179, wherein said blocking agent
`
`comprises Denhardt's solution.
`
`Claim 3182.
`
`(New) The system of claim 3172 or 3173, wherein said direct or
`
`indirect fixation or immobilization to said non-porous solid support is covalent.
`
`Claim 3183.
`
`(New) The system of claim 3172 or 3173, wherein said direct or
`
`indirect fixation or immobilization to said non-porous solid support is non-covalent.
`
`Claim 3184.
`
`(New) The system of claim 3172, wherein said single-stranded nucleic
`
`acid is indirectly fixed or immobilized to said non-porous solid support by sandwich
`
`hybridization or by hybridization to a complementary nucleic acid strand.
`
`Claim 3185.
`
`(New) The system of claim 3173, wherein said one strand of said
`
`doub|e—stranded nucleic acid is indirectly fixed or immobilized to said non-porous solid
`
`support by sandwich hybridization or by hybridization to a complementary nucleic
`
`acid strand.
`
`Claim 3186.
`
`(New) The system of claim 3172, wherein said nucleic acid comprises
`
`DNA or RNA.
`
`Claim 3187.
`
`(New) The system of claim 3173, wherein said nucleic acid comprises
`
`DNA, RNA, or both.
`
`Claim 3188.
`
`(New) The system of claim 3172, wherein said nucleic acid comprises
`
`a nucleic acid sequence complementary to a nucleic acid sequence of interest sought
`
`to be identified, quantified or sequenced.
`
`Enz-7(P)(C3l
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`Page 9 of 187
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`Page 9 of 187
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`Stavrianopoulos et al.,’S. Pat. Appl. Ser. No. O8/486,07m‘i|ed June 7, 1995)
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`Page 10 [Amendment Under 37 C.F.R. §1.1 16 —- June 30, 2004]
`
`Claim 3189.
`
`(New) The system of claim 3173, wherein one strand of said double-
`
`stranded nucleic acid comprises a nucleic acid sequence of interest sought to be
`
`identified, quantified or sequenced.
`
`Claim 3190.
`
`(New) The system of claim 3172, wherein said single—stranded nucleic
`
`acid is unlabeled.
`
`Claim 3191.
`
`(New) The system of claim 3172 or 3173, wherein said non-porous
`
`solid support is transparent or translucent.
`
`Claim 3192.
`
`(New) The system of claim 3173, wherein said non-radioactive
`
`chemical label is quantifiable in or from a fluid or solution, said quantity being
`
`proportional to the amount or quantity of said label or labels.
`
`Claim 3193.
`
`(New) The system of claim 3173, wherein said non-porous solid
`
`support is transparent or translucent, and said non-radioactive chemical label is
`
`quantifiable in or from a fluid or solution or in or through said non-porous solid
`
`support, said quantity being proportional to the amount or quantity of said label or
`
`labels.
`
`Claim 3194.
`
`(New) The system of claim 3173, wherein said non-radioactive
`
`chemical label comprises a chromagen or a chromagenic compound, a colored dye
`
`compound, a fluorogen or a fluorescent compound, a chemiluminescent compound, a
`
`chelating compound, an enzyme or an enzymatic compound, a coenzyme, biotin,
`
`iminobiotin, a hapten or a ligand.
`
`Enz-7(Pl(C3)
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`Page 10 of 187
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`Page 10 of 187
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`Stavrianopoulos et a|.,,$. Pat. Appl. Ser. No. 08/486,070 (Filed June 7, 1995)
`
`Page 11 [Amendment Under 37 C.F.R. §1.116 -- June 30, 2004]
`
`Claim 3195.
`
`(New) The system of claim 3173, wherein a non-radioactive signal
`
`from said non-radioactive chemical label is quantifiable or detectable by photometric
`
`techniques, spectrophotometric techniques, colorimetric techniques, fluorometric
`
`techniques or chemiluminescent techniques.
`
`Claim 3196.
`
`(New) The system of claim 3172, comprising more than one single-
`
`stranded nucleic acid.
`
`Claim 3197.
`
`(New) The system of claim 3173, comprising more than one double-
`
`stranded nucleic acid.
`
`Claim 3198.
`
`(New) An array comprising various single-stranded nucleic acids
`
`directly or indirectly fixed or immobilized in hybridizable form to a non—porous solid
`
`support, wherein when said nucleic acids are indirectly fixed or immobilized to said
`
`non-porous solid support, said indirect fixation or immobilization is not to a cell fixed
`
`in situ to said non-porous solid support.
`
`Claim 3199.
`
`(New) An array comprising various double-stranded nucleic acids
`
`directly or indirectly fixed or immobilized to a non-porous solid support, wherein at
`
`least one nucleic acid strand of said various double-stranded nucleic acids comprises
`
`at least one non-radioactive chemical label which is quantifiable or detectable, and
`
`wherein when said nucleic acids are indirectly fixed or immobilized to said non-porous
`
`solid support, said indirect fixation or immobilization is not to a cell fixed in situ to
`
`said non-porous solid support.
`
`Claim 3200.
`
`(New) The array of claim 3198 or 3199, wherein said non-porous solid
`
`support comprises glass or plastic.
`
`Enz-7(P)(C3)
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`Page 11 of 187
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`Page 11 of 187
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`Stavrianopoulos et ah; Pat. Appl. Ser. No. 08/486,07(¥i|ed June 7, 1995)
`
`Page 12 [Amendment Under 37 C.F.R. §1.1 16 -- June 30, 2004]
`
`Claim 3201.
`
`(New) The array of claim 3198 or 3199, wherein said non—porous solid
`
`support comprises a plate, a well or wells, a microtiter well or microtiter wells,
`
`depressions, tubes, cuvettes, beads, or a set of said plates, wells, depressions, tubes,
`
`cuvettes or beads.
`
`Claim 3202.
`
`(New) The array of claim 3198 or 3199, wherein said non—porous solid
`
`support comprises more than one surface.
`
`Claim 3203.
`
`(New) The array of claim 3198 or 3199, comprising reactive sites or
`
`binding sites thereon, wherein said nucleic acids are fixed or immobilized to said
`
`reactive sites or binding sites.
`
`Claim 3204.
`
`(New) The array of claim 3203, wherein said reactive sites or binding
`
`sites comprise one or more amines, hydroxyls or epoxides.
`
`Claim 3205.
`
`(New) The array of claim 3198 or 3199, wherein said non—porous solid
`
`support has been treated with a surface treatment agent, a blocking agent, or both.
`
`Claim 3206.
`
`(New) The array of claim 3205, wherein said surface treatment agent
`
`comprises an amine providing compound, an epoxy glue or solution, an acid solution
`
`or ammonium acetate.
`
`Claim 3207.
`
`(New) The array of claim 3205, wherein said blocking agent comprises
`
`Denhardt's solution.
`
`Claim 3208.
`
`(New) The array of claim 3198 or 3199, wherein said direct or indirect
`
`fixation or immobilization to said non—porous solid support is covalent
`
`Enz-7(P)(C3l
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`Page 12 of 187
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`Page 12 of 187
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`Stavrianopoulos et a|.,,S. Pat. Appl. Ser. No. 08/486,070 (Filed June 7, 1995)
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`Page 13 [Amendment Under 37 C.F.R. §1.116 —- June 30, 2004]
`
`Claim 3209.
`
`(New) The array of claim 3198 or 3199, wherein said direct or indirect
`
`fixation or immobilization to said non-porous solid support is non-covalent.
`
`Claim 3210.
`
`(New) The array of claim 3198, wherein said single—stranded nucleic
`
`acids or sequences are indirectly fixed or immobilized to said non-porous solid support
`
`by sandwich hybridization or by hybridization to complementary nucleic acid strands.
`
`Claim 321 1.
`
`(New) The array of claim 3199, wherein one strand of said double-
`
`stranded nucleic acids or sequences is indirectly fixed or immobilized to said non-
`
`porous solid support by sandwich hybridization or by hybridization to complementary
`
`nucleic acid strands.
`
`Claim 3212.
`
`(New) The array of claim 3198, wherein said nucleic acids comprise
`
`DNA or RNA.
`
`Claim 3213.
`
`(New) The array of claim 3199, wherein said nucleic acids comprise
`
`DNA, RNA, or both.
`
`Claim 3214.
`
`(New) The array of claim 3198, wherein said nucleic acids comprise
`
`nucleic acid sequences complementary to nucleic acid sequences of interest sought
`
`to be identified, quantified or sequenced.
`
`Claim 3215.
`
`(New) The array of claim 3199, wherein one strand of said double-
`
`stranded nucleic acids comprises a nucleic acid sequence of interest sought to be
`
`identified, quantified or sequenced.
`
`Claim 3216.
`
`(New) The array of claim 3198, wherein said single—stranded nucleic
`
`acids are unlabeled.
`
`Enz-7(P)(C3)
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`Page 13 of 187
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`Page 13 of 187
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`
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`Stavrianopoulos et al.,QS. Pat. Appl. Ser. No. 08/486,070 (Filed June 7, 1995)
`
`Page 14 [Amendment Under 37 C.F.R. §1.116 -— June 30, 2004]
`
`Claim 3217.
`
`(New) The array of claim 3198 or 3199, wherein said non-porous solid
`
`support is transparent or translucent.
`
`Claim 3218.
`
`(New) The array of claim 3199, wherein said non-radioactive chemical
`
`label is quantifiable in or from a fluid or solution, said quantity being proportional to
`
`the amount or quantity of said label or labels.
`
`Claim 3219.
`
`(New) The array of claim 3199, wherein said non-porous solid support
`
`is transparent or translucent, and said non-radioactive chemical label is quantifiable in
`
`or from a fluid or solution or in or through said non-porous solid support, said quantity
`
`being proportional to the amount or quantity of said label or labels.
`
`Claim 3220.
`
`(New) The array of claim 3199, wherein said non-radioactive chemical
`
`label comprises a chromagen or a chromagenic compound, a colored dye compound,
`
`a fluorogen or a fluorescent compound, a chemiluminescent compound, a chelating
`
`compound, an enzyme or an enzymatic compound, a coenzyme, biotin, iminobiotin, a
`
`hapten or a ligand.
`
`Claim 3221.
`
`(New) The array of claim 3199, wherein a non-radioactive signal from
`
`said non-radioactive chemical label is quantifiable or detectable by photometric
`
`techniques, spectrophotometric techniques, colorimetric techniques, fluorometric
`
`techniques or chemiluminescent techniques.
`
`Enz-7(Pl(C3l
`
`Page 14 of 187
`
`Page 14 of 187
`
`
`
`Stavrianopoulos et a|.,QS. Pat. Appl. Ser. No. 08/486,070 (Filed June 7, 1995)
`
`Page 15 [Amendment Under 37 C.F.R. §1.116 -- June 30, 2004]
`
`Claim 3222.
`
`(New) An array cornprising various single-stranded nucleic acids
`
`directly or indirectly fixed or immobilized in hybridizable form to a non—porous solid
`
`support having wells or depressions, wherein when said nucleic acids are indirectly
`
`fixed or immobilized to said wells or depressions of said _non-porous solid support,
`
`said indirect fixation or immobilization is not to a cell fixed in situ to said wells or
`
`depressions of said non-porous solid support.
`
`Claim 3223.
`
`(New) An array comprising various double—stranded nucleic acids
`
`directly or indirectly fixed or immobilized to a non-porous solid support having wells or
`
`depressions, wherein at least one nucleic acid strand of said various double-stranded
`
`nucleic acids comprises at least one non-radioactive chemical label which is
`
`quantifiable or detectable, and wherein when said nucleic acids are indirectly fixed or
`
`immobilized to said wells or depressions of said non-porous solid support, said indirect
`
`fixation or immobilization is not to a cell fixed in situ to said wells or depressions of
`
`said non—porous solid support.
`
`Claim 3224.
`
`(New) The array of claim 3222 or 3223, wherein said non-porous solid
`
`support comprises glass or plastic.
`
`Claim 3225.
`
`(New) The array of claim 3222 or 3223, wherein said wells or
`
`depressions comprise a plate of wells or depressions, or a microtiter plate of wells or
`
`depressions.
`
`Claim 3226.
`
`(New) The array of claim 3222 or 3223, comprising reactive sites or
`
`binding sites thereon, wherein said nucleic acids are fixed or immobilized to said
`
`reactive ‘sites or binding sites.
`
`Enz-7(P)(C3l
`
`Page 15 of 187
`
`Page 15 of 187
`
`
`
`Stavrianopoulos et a|.,.S. Pat. Appl. Ser. No. 08/486,07(9Fi|ed June 7, 1995)
`
`Page 16 [Amendment Under 37 C.F.R. §1.116 —- June 30, 2004]
`
`Claim 3227.
`
`(New) The array of claim 3226, wherein said reactive sites or binding
`
`sites comprise one or more amines, hydroxyls or epoxides.
`
`Claim 3228.
`
`(New) The array of claim 3222 or 3223, wherein said non—porous solid
`
`support has been treated with a surface treatment agent, a blocking agent, or both.
`
`Claim 3229.
`
`(New) The array of claim 3228, wherein said surface treatment agent
`
`comprises an amine providing compound, an epoxy glue or solution, an acid solution
`
`OI’ ammonium acetate.
`
`Claim 3230.
`
`(New) The array of claim 3228, wherein said blocking agent comprises
`
`Denhardt's solution.
`
`Claim 3231.
`
`(New) The array of claim 3222 or 3223, wherein said direct or indirect
`
`fixation or immobilization to said non-porous solid support is covalent.
`
`Claim 3232.
`
`(New) The array of claim 3222 or 3223, wherein said direct or indirect
`
`fixation or immobilization to said non-porous solid support is non—cova|ent.
`
`Claim 3233.
`
`(New) The array of claim 3222, wherein said singIe—stranded nucleic
`
`acids. are indirectly fixed or immobilized to said non—porous solid support by sandwich
`
`hybridization or by hybridization to complementary nucleic acid strands.
`
`Claim 3234.
`
`(New) The array of claim 3223, wherein one strand of said double-
`
`stranded nucleic acids is indirectly fixed or immobilized to said non-porous solid
`
`support by sandwich hybridization or by hybridization to complementary nucleic acid
`
`strands.
`
`Enz-7lPllC3)
`
`‘Page 16 of 187
`
`Page 16 of 187
`
`
`
`Stavrianopoulos et a|.,QS. Pat. Appl. Ser. No. 08/486,070 (Filed June 7, 1995)
`
`Page 17 [Amendment Under 37 C.F.R. §1.116 -— June 30, 2004]
`
`Claim 3235.
`
`(New) The array of claim 3222, wherein said nucleic acids comprise
`
`DNA or RNA.
`
`Claim 3236.
`
`(New) The array of claim 3223, wherein said nucleic acids comprise
`
`DNA, RNA, or both.
`
`Claim 3237.
`
`(New) The array of claim 3222, wherein said nucleic acids comprise
`
`nucleic acid sequences complementary to nucleic acid sequences of interest sought
`
`to be identified, quantified or sequenced.
`
`Claim 3238.
`
`(New) The array of claim 3223, wherein one strand of said double-
`
`stranded nucleic acids comprises a nucleic acid sequence of interest sought to be
`
`identified, quantified or sequenced.
`
`Claim 3239.
`
`(New) The array of claim 3223, wherein said nucleic acid sequence of
`
`interest sought to be identified, quantified or sequenced comprises a gene sequence
`
`or pathogen sequence.
`
`Claim 3240.
`
`(New) The array of claim 3222, wherein said single-stranded nucleic
`
`acids are unlabeled.
`
`Claim 3241.
`
`(New) The array of claim 3222 or 3223, wherein said non-porous solid
`
`support is transparent or translucent.
`
`Claim 3242.
`
`(New) The array of claim 3223, wherein said non-radioactive chemical
`
`label is quantifiable in or from a fluid or solution, said quantity being proportional to
`
`the amount or quantity of said label or labels.
`
`Enz-7lP)lC3)
`
`Page 17 of 187
`
`Page 17 of 187
`
`
`
`Stavrianopoulos et alg Pat. Appl. Ser. No. O8/486,07OQi|ed June 7, 1995)
`
`Page 18 [Amendment Under 37 C.F.R. §1.116 -- June 30, 2004]
`
`Claim 3243.
`
`(New) The array of claim 3223, wherein said non—porous solid support
`
`is transparent or translucent, and said non—radioactive chemical label is quantifiable in
`
`or from a fluid or solution or in or through said non—porous solid support, said quantity
`
`being proportional to the amount or quantity of said label or labels.
`
`Claim 3244.
`
`(New) The array of claim 3223, wherein said non-radioactive chemical
`
`label comprises a chromagen or a chromagenic compound, a colored (dye compound,
`
`a fluorogen or a fluorescent compound, a chemiluminescent compound, a chelating
`
`compound, an enzyme or an enzymatic compound, a coenzyme, biotin, iminobiotin, a
`
`hapten or a ligand.
`
`Claim 3245.
`
`(New) The array of claim 3223, wherein a non-radioactive signal from
`
`said non—radioactive chemical label is quantifiable or detectable by photometric
`
`techniques, spectrophotometric techniques, colorimetric techniques, fluorometric
`
`techniques or chemiluminescent techniques.
`
`Claim 3246.
`
`(New) A non—porous glass or plastic solid support comprising at least
`
`one single-stranded nucleic acid directly or indirectly fixed or immobilized thereto in
`
`hybridizable form, wherein when said single-stranded nucleic acid is indirectly fixed or
`
`immobilized to said non—porous glass or plastic solid support, said indirect fixation or
`
`immobilization is not to a cell fixed in situ to said non—porous glass or plastic solid
`
`support.
`
`Enz-7lP)lC3)
`
`Page 18 of 187
`
`Page 18 of 187
`
`
`
`Stavrianopoulos et a|.,QS. Pat. Appl. Ser. No. 08/486,070 (Filed June 7, 1995)
`
`Page 19 [Amendment Under 37 C.F.R. §1.116 —- June 30, 2004]
`
`Claim 3247.
`
`(New) A non-porous glass or plastic solid support comprising at least
`
`one double-stranded nucleic acid directly or indirectly fixed or immobilized thereto,
`
`wherein at least one nucleic acid strand of said double-stranded nucleic acid
`
`comprises at least one non-radioactive chemical label which is quantifiable or
`
`detectable, and wherein when said double-stranded nucleic acid is indirectly fixed or
`
`immobilized to said non-porous glass or plastic solid support, said indirect fixation or
`
`immobilization is not to a cell fixed in situ to said non-porous glass or plastic solid
`
`support.
`
`Claim 3248.
`
`(New) The non-porous glass or plastic solid support of claim 3246 or
`
`3247, wherein said non-porous glass or plastic solid support comprises a plate, a well
`
`or wells, a microtiter well or microtiter wells, depressions, tubes, cuvettes, beads, or
`
`a set of said plates, wells, depressions, tubes, cuvettes or beads.
`
`Claim 3249.
`
`(New) The non-porous glass or plastic solid support of claim 3246 or
`
`3247, wherein said non-porous solid support comprises more than one surface.
`
`Claim 3250.
`
`(New) The non-porous glass or plastic solid support of claim 3246 or
`
`3247, comprising reactive sites or binding sites thereon, wherein said nucleic acid is
`
`fixed or immobilized to one of said reactive sites or binding sites.
`
`Claim 3251 .
`
`(New) The non-porous glass or plastic solid support of claim 3250,
`
`wherein said reactive sites or binding sites comprise one or more amines, hydroxyls or
`
`epoxides.
`
`Claim 3252.
`
`(New) The non-porous glass or plastic solid support of claim 3246 or
`
`3247, wherein said non-porous glass or plastic solid support has been treated with a
`
`surface treatment agent, a blocking agent, or both.
`
`Enz-7(P)(C3)
`
`Page 19 of 187
`
`Page 19 of 187
`
`
`
`Stavrianopoulos et al.,
`
`.S. Pat. Appl. Ser. No. 08/486,070 (Filed June 7, 1995)
`
`Page 20 [Amendment Under 37 C.F.R. §1.116 -- June 30, 2004]
`
`Claim 3253.
`
`(New) The non-porous glass or plastic solid support of claim 3252,
`
`wherein said surface treatment agent comprises an amine providing compound, an
`
`epoxy glue or solution, an acid solution or ammonium acetate.
`
`Claim 3254.
`
`(New) The non-porous glass or plastic solid support of claim 3252,
`
`wherein said blocking agent comprises Denhardt's solution.
`
`Claim 3255.
`
`(New) The non-porous glass or plastic solid support of claim 3246 or
`
`3247, wherein said direct or indirect fixation or immobilization to said non-porous
`
`solid support is covalent
`
`Claim 3256.
`
`(New) The non-porous glass or plastic solid support of claim 3246 or
`
`3247, wherein said direct or indirect fixation or immobilization to said non-porous
`
`solid support is non-covalent.
`
`Claim 3257.
`
`(New) The non-porous glass or plastic solid support of claim 3246,
`
`wherein said single-stranded nucleic acid is indirectly fixed or immobilized to said non-
`
`porous glass or plastic solid support by sandwich hybridization or by hybridization to a
`
`complementary nucleic acid strand.
`
`Claim 3258.
`
`(New) The non-porous glass or plastic solid support of claim 3247,
`
`wherein one strand of said double-stranded nucleic acid is indirectly fixed or
`
`immobilized to said non-porous glass or plastic solid support by sandwich
`
`hybridization or by hybridization to a complementary nucleic acid strand.
`
`Claim 3259.
`
`(New) The non-porous glass or plastic solid support of claim 3246,
`
`wherein said nucleic acid or sequence comprises DNA or RNA.
`
`Enz-7(P)(C3l
`
`Page 20 of 187
`
`Page 20 of 187
`
`
`
`Stavrianopoulos et a|.,’S. Pat. Appl. Ser. No. 08/486,070 (Filed June 7, 1995)
`
`Page 21 [Amendment Under 37 C.F.R. §1.116 -— June 30, 2004]
`
`Claim 3260.
`
`(New) The non-porous glass or plastic solid support of claim 3247,
`
`wherein said nucleic acid or sequence comprises DNA, RNA, or both.
`
`Claim 3261.
`
`(New) The non-porous glass or plastic solid support of claim 3246,
`
`wherein said nucleic acid comprises a nucleic acid sequence complementary to a
`
`nucleic acid sequence of interest sought to be identified, quantified or sequenced.
`
`Claim 3262.
`
`(New) The non-porous glass or plastic solid support of claim 3247,
`
`wherein one strand of said double—stranded nucleic acid comprises a nucleic acid
`
`sequence of interest sought to be identified, quantified or sequenced.
`
`Claim 3263.
`
`(New) The non-porous glass or plastic solid support of ‘claim 3246,
`
`wherein said single-stranded nucleic acid is unlabeled.
`
`Claim 3264.
`
`(New) The non-porous glass or plastic solid support of claim 3246 or
`
`3247, wherein said non-porous glass or plastic solid support is transparent or
`
`translucent.
`
`Claim 3265.
`
`(New) The non-porous glass or plastic solid support of claim 3247,
`
`wherein said non-radioactive chemical label is quantifiable in or from a fluid or
`
`solution, said quantity being proportional to the amount or quantity of said label or
`
`labels.
`
`Enz-7(P)(C3l
`
`Page 21 of 187
`
`Page 21 of 187
`
`
`
`Stavrianopoulos et al.,
`
`._S. Pat. Appl. Ser. No. 08/486,070 (Filed June 7, 1995)
`
`Page 22 [Amendment Under 37 C.F.R. §1.116 -- June 30, 2004]
`
`Claim 3266.
`
`(New) The non—porous glass or plastic solid support of claim 3247,
`
`wherein said non-porous glass or plastic solid support is transparent or translucent,
`
`and non-radioactive chemical
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