Appeal 2007-0582
Application 09/832,069
16. The method of claim 6, wherein said mitochondrial DNA
damage is assessed by measuring mitochondrial mRNA production.
2. PRIOR ART
The Examiner relies on the following references:
Corral-Debrinski et al., “Association of mitochondrial DNA damage
with aging and coronary atherosclerotic heart damage,” Mutation Research,
Vol. 275, pp. 169-180 (1992).
Lenaz, “Role of mitochondria in oxidative stress and ageing,”
Biochimica Biophysica Acta, Vol. 1366, pp. 53-67 (1998).
Williams et al., “Increased oxidative damage is correlated to altered
mitochondrial function in heterozygous manganese superoxide dismutase
knockout mice,” Journal of Biological Chemistry, Vol. 273, pp. 28510-
28515 (1998).
Hudson et al., “Age-associated change in mitochondrial DNA
damage,” Free Rad. Res., Vol. 29, pp. 573-579 (1998).
3. INDEFINITENESS
Claims 6, 8, 9, and 14-23 stand rejected under 35 U.S.C. § 112,
second paragraph, as indefinite
because it is unclear whether the final clause of the method is
directed to detecting amount of damage or mere presence of
damage. The claim states, “wherein such damage is indicative
of oxidative stress in said individual.” Thus, the claim does not
particularly appear to require establishing a correlation based
upon any amount or ratio or other measurement of quantity of
damage.
(Answer 8.)
We will reverse this rejection. The Answer does not accurately quote
the claim language. Claim 6 states the “amount of damage is indicative of
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