Appeal No. 2003-0892 Page 3
Application No. 09/454,385
analytical systems (system automation, speed, reproducibility) with the unsurpassed
sensitivity of single-molecule detection” (specification, page 4). “A primer having a
3'-hydroxyl group at one end and having a sequence of nucleotides sufficiently
homologous to hybridize with an identifying sequence of nucleotides in [a] target DNA
or RNA is selected . . [and then] hybridized to the identifying sequence of nucleotides[.]
[A] reporter molecule is synthesized on the target sequence by extending the primer by
progressively binding nucleotides to the primer that are complementary to the
corresponding nucleotides of the DNA or RNA [target] sequence, where the
complementary nucleotides include nucleotides labeled with a fluorophore.
Fluorescence emitted by fluorophores on individual reporter molecules is detected to
identify the target DNA or RNA sequence” (id., pages 2-3). According to appellant,
“[t]he sensitivity of this method allows for the direct detection of specific genes without
the need for using amplification methods” (id., page 4).
DISCUSSION
Anticipation by Mandecki or Albrecht
“[E]very limitation of a claim must identically appear in a single prior art reference
for it to anticipate the claim.” Gechter v. Davidson, 116 F.3d 1454, 1457, 43 USPQ2d
1030, 1032 (Fed. Cir. 1997). Moreover, “the Patent Office has the initial burden of
coming forward with some sort of evidence tending to disprove novelty.” In re Wilder,
429 F.2d 447, 450, 166 USPQ2d 545, 548 (CCPA 1970).
Mandecki describes solid phase particles coated with multiple copies of an
oligonucleotide probe, wherein the sequence of the probe is encoded on the memory
element of a transponder physically associated with the particle (Examples 1 and 3).
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007