Ex parte HUGHES et al. - Page 2




                        Appeal No. 95-2215                                                                                                                                                                    
                        Application 07/920,013                                                                                                                                                                


                                    Independent claim 1 is illustrative of the subject matter on appeal and is reproduced                                                                                     
                        below:                                                                                                                                                                                
                                    1.          A method for detecting a DNA sequence comprising the steps of:                                                                                                
                                    i)          asymmetrically amplifying the DNA sequence so that one strand of the DNA                                                                                      
                        sequence is amplified to a greater extent than the strands' (sic, strand's) complement                                                                                                
                        forming an amplified DNA strand;                                                                                                                                                      
                                    ii)         hybridizing a fluorescently labeled probe to the amplified DNA strand                                                                                         
                        wherein said fluorescently labeled probe is complementary to a segment of the amplified                                                                                               
                        DNA strand, the hybridization being effected in solution and forming a fluorescently labeled                                                                                          
                        hybridized probe;                                                                                                                                                                     
                                    iii)        separating the fluorescently labeled hybridized probe from unhybridized                                                                                       
                        labeled probe by electrophoresis; and                                                                                                                                                 
                                    iv)         detecting during electrophoresis the presence or absence of the                                                                                               
                        fluorescently labeled hybridized probe by fluorescence detection, wherein the presence of                                                                                             
                        the fluorescently labeled hybridized probe indicates the presence of said DNA sequence.                                                                                               

                        The references relied upon by the examiner are:                                                                                                                                       
                        Mullis                                          4,683,202                                        Jul. 28, 1987                                                                        
                        Gyllensten et al. (Gyllensten), " Generation of single-stranded DNA by the polymerase                                                                                                 
                        chain reaction and its application to direct sequencing of the HLA-DQA locus", Proc. Natl.                                                                                            
                        Acad. Sci., vol. 85, pages 7652-7656, (October, 1988).                                                                                                                                
                        Brumbaugh et al. (Brumbaugh), " Continuous, on-line DNA sequencing using                                                                                                              
                        oligodeoxynucleotide primers with multiple fluorophors", Proc. Natl. Acad. Sci., vol. 85,                                                                                             
                        pages 5610-5614, (August, 1988).                                                                                                                                                      







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