I have looked at the recent AFFX patent 5,744,305, which has a priority date of June 7, 1989. The first claim states
An array of oligonucleotides, the array comprising: a planar, non-porous solid support having at least a first surface; and
a plurality of different oligonucleotides attached to the first surface of the solid support at a density exceeding 400 different oligonucleotides/[square cm], wherein each of the different oligonucleotides is attached to the surface of the solid support in a different predefined region, has a determinable sequence, and is at least 4 nucleotides in length.
My take on this is that it requires covalent attachment of the first nucleotide to the support (this usually can not be obtained by spotting an oligo solution, like apparently done by Hyseq. Also, then, assuming that this is true, it would not cover high density arrays prepared without covalent attachment, if those are practical.
AFFX is presenting today at the Cruttenden Conference too.
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