Ex Parte Brenner et al - Page 2


               Appeal No. 2006-1569                                                                       Page 2                  
               Application No. 10/159,997                                                                                         

               from which alternative splicing information is commonly derived, researchers often                                 
               restrict their analyses to the simple splicing modes. . . . A more complete understanding                          
               of alternative splicing requires an unbiased consideration of all alternative mRNA                                 
               isoforms.”  Specification, page 1.                                                                                 
                      The specification discloses “a protocol to systematically identify alternative                              
               mRNA isoforms of known human genes.”  Page 3.  The specification describes “an                                     
               exemplary implementation of this protocol” as follows:                                                             
                      [W]e map mRNAs from the RefSeq database to contig sequences from                                            
                      the NCBI human genome, requiring that an mRNA align to genomic                                              
                      sequence over the full length of the coding sequence, without gaps in the                                   
                      exons.  We further require 98% identity between the sequences, favoring                                     
                      RefSeq sequence in case of nucleotide mismatch.  When multiple RefSeq                                       
                      mRNAs align to the same region of genomic sequence, we use only the                                         
                      mRNA containing the largest number of exons.                                                                
               Page 4.  This part of the protocol “identif[ies] target gene sequences.”  Page 3,                                  
               lines 13-21.  The subsequent steps are described as follows:                                                       
                      To detect alternate isoforms, we align EST sequences from dbEST to the                                      
                      genomic sequence and use TAP [transcript assembly protocol;                                                 
                      specification, page 4, line 7] to infer alternate mRNA splice forms from                                    
                      these alignments.  Since we use known genes, the reading frame of the                                       
                      primary mRNA isoforms (i.e., the RefSeq mRNAs) is known.  So that the                                       
                      reading frame can be determined for all EST-suggested alternate                                             
                      isoforms, we restrict our set to cases in which the 5’ end of the EST                                       
                      sequences align to coding sequences of the RefSeq mRNA.  We also                                            
                      exclude cases of intron retention, as these are indistinguishable from                                      
                      incompletely-processed transcripts, a common dbEST contaminant.  We                                         
                      have higher confidence in splicing events with coverage by multiple ESTs.                                   
               Page 4.                                                                                                            











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