Appeal No. 93-3369
Application 07/344,179
probe material and any DNA contained in a sample. The positive
result of hybridization between the probe and sample DNA is
indicated via detection of the removed labeled polynucleotide.
The Examiner analogizes the competitive binding which causes the
labeled polynucleotide displacement in Diamond to the competitive
binding which causes the “analyte label” displacement in the
claims at issue.
The Examiner refers to Example 14 of Diamond, at columns 33
and 34, which describes a process which includes binding the
probe-labeled polynucleotide complex to agarose beads, which are
placed in a disposable column; introducing the DNA-containing
sample to the beads; incubating for two hours; transferring the
beads into a small tube; centrifuging the material and recovering
the eluate into a microfuge tube. The Examiner then states at2
page 4, lines 7-14 of the Examiner’s Answer that
The beads in the column constitute a “column-type
assembly” and first solid phase support as claimed; the
microfuge tube constitutes a “sleeve-type container”
and second solid support (the interior of the tube, as
will be explained below) as claimed in claim 70.
Although not explicitly stated, one of ordinary skill
would have found it obvious to insert the discharge end
2We note that it is not apparent from reading Diamond that
either the disposable column or the small tube have a discharge
end, at least not one where the discharge end is opposite an open
end, as required by the claims herein.
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007