Appeal No. 09/959,009 Page 2
Application No. 08/958,009
The examiner relies on the following references:
Shriver et al. (Shriver), “Ethnic-affiliation estimation by use of population-specific
DNA markers,” American Journal of Human Genetics, Vol. 60, pp. 957-964
(1997)
Batzer et al. (Batzer), “Genetic variation of Recent Alu Insertions in Human
Populations,” Journal of Molecular Evolution, Vol. 42, No. 1, pp. 22-29 (1996)
Yamamoto et al. (Yamamoto), “The Human LDL Receptor: A Cysteine-Rich
Protein with Multiple Alu Sequences in its mRNA,” Cell, Vol. 39, pp. 27-38 (1984)
Cotton, “Detection of Mutations in DNA,” Current Opinion in Biotechnology,
Vol. 3, pp. 24-30 (1992)
Claims 3-6 and 8-12 stand rejected under 35 U.S.C. § 103 as obvious
over the combined teachings of Shriver, Batzer, and Yamamoto.
Claims 3-12 stand rejected under 35 U.S.C. § 103 as obvious over the
combined teachings of Shriver, Batzer, Yamamoto, and Cotton.
We reverse.
Background
According to Appellants’ specification,
[a] need exists for characterized human nuclear loci that could be
analyzed for diversity in a reasonably rapid way. Such diversity, or
polymorphism, is useful for establishing human identity, often for
forensic purposes. In addition, diversity is useful for establishing
parentage.
Page 1. The specification also discloses that most regions of the human genome
show so little diversity that analysis requires sequencing of very
long genomic regions to be informative. Regions of the genome
that are hypervariable overcome this difficulty by allowing a
significant amount of sequence variation in a shorter DNA
sequence, providing a tremendous benefit for studies of human
diversity.
Id., pages 1-2.
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