Ex Parte Wagner - Page 12


              Appeal No. 2005-2663                                                              Page 12                
              Application No. 10/140,323                                                                               

              graph theory mathematics . . . to determine an adjacency list characterizing all direct                  
              and indirect genetic interactions in said genetic network.”                                              
                     We have reviewed Küffner but do not find a disclosure therein of a method                         
              meeting the limitations of claim 1.  As we understand Küffner, it discloses a method of                  
              analyzing data pertaining to a metabolic pathway; i.e., a series of chemical reactions                   
              catalyzed by enzymes that convert a starting material into a final product.  See, e.g.,                  
              Figures 11 and 12.  Thus, as we understand them, the nodes in the graph shown in                         
              Küffner’s Figure 12 represent different chemical compounds and the edges represent                       
              chemical reactions (or the enzymes that catalyze them).                                                  
                     Küffner states that a “metabolic display (MD) (e.g. Figure 12) is a PETRI net,                    
              which exhibits in a compact (though redundant) way the space of all pathways between                     
              given source and sink in a network compatible with a set of constraints.”  In other words,               
              the PETRI net disclosed by Küffner is designed to show all the possible paths that a                     
              molecule could travel as it was converted from a starting material (source) into a final                 
              product (sink), and thereby present a more realistic view of what actually happens in                    
              biological systems than is given by the simplified metabolic pathways usually presented                  
              in textbooks (and in Küffner’s Figure 11).  Therefore, the method disclosed by Küffner                   
              does not appear to be one that would act on data in the way defined by claim 1 on                        
              appeal, nor does it appear to generate “an adjacency list characterizing all direct and                  
              indirect genetic interactions in [a] genetic network.”                                                   
                     The examiner has not adequately explained how the cited reference discloses all                   
              the limitations of the claimed method and the limitations are not apparent to us.  We                    
              therefore reverse the rejection under 35 U.S.C. § 102(a).                                                





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