Ex Parte Wagner - Page 2


              Appeal No. 2005-2663                                                               Page 2                
              Application No. 10/140,323                                                                               

              The data resulting from such an experiment can show how eliminating the expression of                    
              one gene affects, directly or indirectly, the expression of other genes.  Such data                      
              cannot, however, show which genes are directly regulated by a particular gene or how                     
              any indirect regulation takes place.                                                                     
                     The specification discloses a “method that can determine the direct and indirect                  
              pathways connecting genes in the network and which genes in a network influence the                      
              activity of which other genes directly. . . . The algorithm’s power to resolve regulatory                
              gene interactions . . . requires different kinds of data than utilized by existing methods.              
              Specifically, it requires perturbation of many genes in a network.  The required large-                  
              scale data is now becoming available in a variety of model organisms.”  Page 4.                          
                     The disclosed method applies graph theory mathematics to gene expression                          
              data.  The general idea can be grasped from the specification’s Figures 1A – 1C and                      
              explanatory text.  Figure 1A is reproduced below:                                                        













              Figure 1A is “a graph representation of a hypothetical genetic network G of 21 genes.”1                  
                                                                                                                       
              1 In their mathematical representation, the genes are referred to as “nodes” and the regulatory effects are
              represented by arrows that are referred to as “directed edges.”                                          





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