Ex Parte Mohammed - Page 5

                Appeal 2007-3395                                                                               
                Application 10/260,733                                                                         
                             principal of the array CGH approach is simple.                                    
                             Equitable amounts of total genomic DNA from                                       
                             cells of a test sample and a reference sample (e.g.,                              
                             a sample from cells known to be free of                                           
                             chromosomal aberrations) are differentially labeled                               
                             with fluorescent dyes and co-hybridized to the                                    
                             array of BACs [bacterial artificial chromosomes],                                 
                             which contain the cloned genomic DNA fragments                                    
                             that collectively cover the cell's genome.  The                                   
                             resulting co-hybridization produces a fluorescently                               
                             labeled array, the coloration of which reflects the                               
                             competitive hybridization of sequences in the test                                
                             and reference genomic DNAs to the homologous                                      
                             sequences within the arrayed BACs.                                                
                             Theoretically, the copy number ratio of                                           
                             homologous sequences in the test and reference                                    
                             genomic DNA samples should be directly                                            
                             proportional to the ratio of their respective                                     
                             fluorescent signal intensities at discrete BACs                                   
                             within the array.  [Specification at 2, ¶ 4, bracketed                            
                             text added.]                                                                      
                 [3] Further according to the specification, "[t]he methods of the invention                   
                      are used to determine the karyotype of a cell population, which                          
                      includes an [sic] determination of the genetic mosaicism of a cell                       
                      population, including the number of karyotype subpopulations in a                        
                      sample and the percent of the cell population having a particular                        
                      karyotype" (Specification at 18, ¶ 55).                                                  
                 [4] Genetic mosaicism is said to be defined as "the presence of two or                        
                      more chromosomally distinct cell lines or cell lineages within a                         
                      sample or a reference population of cells.  For example, a solid                         





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