Ex parte A. SAID EL SHAMI et al. - Page 8

                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.                                                                                        

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007