Ex Parte PORTUGAL et al - Page 3



              Appeal No. 2004-1967                                                                Page 3                
              Application No. 09/027,439                                                                                
              target nucleic acid sequences . . . [wherein] a target nucleic acid sequence contains a                   
              species-specific or genus specific nucleotide.”  Specification, page 17.  Targeting                       
              probes are “complementary to areas of rRNA or rDNA having species-specific                                
              nucleotides or genus-specific nucleotides” and are capable of “detecting and                              
              discriminating . . . the presence of rRNA or rDNA molecules of Shigella species and E.                    
              coli.”  Id., page 13.  Claims 55 and 56 are representative (differences underlined):                      
                     55. A probe which                                                                                  
                     a) targets Shigella flexneri comprising a fragment greater than 10 to 40 bases in                  
              length of a nucleotide sequence SEQ ID NO: 3, an RNA equivalent thereof, or a nucleic                     
              acid complementary to said molecule, capable of base-pairing according to the standard                    
              Watson-Crick complementarity rules,                                                                       
                     b) targets Shigella sonnei comprising a fragment greater than 10 to 40 bases in                    
              length of a nucleotide sequence SEQ ID NO: 4, an RNA equivalent thereof, or a nucleic                     
              acid complementary to said molecule, capable of base-pairing according to the standard                    
              Watson-Crick complementarity rules,                                                                       
                     c) targets Shigella dysenteriae comprising a fragment greater than 10 to 40                        
              bases in length of a nucleotide sequence SEQ ID NO: 5, an RNA equivalent thereof, or                      
              a nucleic acid complementary to said molecule, capable of base-pairing according to                       
              the standard Watson-Crick complementarity rules, or                                                       
                     d) targets Shigella boydii comprising a fragment greater than 10 to 40 bases in                    
              length of a nucleotide sequence SEQ ID NO: 6, an RNA equivalent thereof, or a nucleic                     
              acid complementary to said molecule, capable of base-pairing according to the standard                    
              Watson-Crick complementarity rules.                                                                       
                     56. A probe which                                                                                  
                     a) targets Shigella flexneri consisting of a fragment greater than 10 to 40 bases                  
              in length of a nucleotide sequence SEQ ID NO: 3, an RNA equivalent thereof, or a                          
              nucleic acid complementary to said molecule, capable of base-pairing according to the                     
              standard Watson-Crick complementarity rules,                                                              
                     b) targets Shigella sonnei consisting of a fragment greater than 10 to 40 bases in                 
              length of a nucleotide sequence SEQ ID NO: 4, an RNA equivalent thereof, or a nucleic                     
              acid complementary to said molecule, capable of base-pairing according to the standard                    
              Watson-Crick complementarity rules,                                                                       
                     c) targets Shigella dysenteriae consisting of a fragment greater than 10 to 40                     
              bases in length of a nucleotide sequence SEQ ID NO: 5, an RNA equivalent thereof, or                      
              a nucleic acid complementary to said molecule, capable of base-pairing according to                       
              the standard Watson-Crick complementarity rules, or                                                       
                     d) targets Shigella boydii consisting of a fragment greater than 10 to 40 bases in                 
              length of a nucleotide sequence SEQ ID NO: 6, an RNA equivalent thereof, or a nucleic                     
              acid complementary to said molecule, capable of base-pairing according to the standard                    
              Watson-Crick complementarity rules.                                                                       




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