Ex parte LUDWIG et al. - Page 2




              Appeal No. 1997-0160                                                                                         
              Application No. 08/073,985                                                                                   


                            13.  A method for genus-specific and species-specific detection of                             
                     bacteria in a sample liquid, comprising the steps of:                                                 
                            hybridizing RNA of target bacteria with a primer which is                                      
                     complementary to a genus-specific region of RNA of said target bacteria,                              
                     wherein the 3' end of said primer is only complementary to the RNA of said                            
                     target bacteria and not complementary to the RNA of other bacteria in said                            
                     sample which differ from the genus of said target bacteria;                                           
                            elongating said primer in the presence of a suitable polymerase and                            
                     the four deoxyribonucleotides to form an elongation product;                                          
                            labeling said elongation product concurrently with the elongation of                           
                     said elongation product or subsequent to said elongation;                                             
                            hybridizing said elongation product with a species-specific labeled                            
                     oligonucleotide after denaturation to form a hybridization elongation product;                        
                     and                                                                                                   
                            detecting said hybridization elongation product.                                               
                     The references relied on by the examiner are:                                                         
              Mullis et al.  (Mullis)             4,683,195             Jul. 28, 1987                                      
              WIPO Int. App.  (Hogan)                    88/03957              Jun.  2, 1988                               
              Frohman et al. (Frohman), "Rapid production of full-length cDNAs from rare transcripts:                      
              Amplification using a single gene-specific oligonucleotide primer," Proceedings of the                       
              National Academy of Sciences, USA, Vol. 85, pp. 8998-9002 (December 1988).                                   
                     Appellants rely on the following references in their brief (pages 13 and 18):                         
                                                     3                                                                     
              WIPO Int. App.  (Hogan and Kohne)          84/02721              Jul. 19, 1984                               



                     3Hogan and Kohne was made of record in the Information Disclosure Statement filed July 12, 1995       
              (Paper No. 38) by appellants.                                                                                
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