Appeal No. 94-1695
Application 07/742,088
sequence of the RNA fragments and (ii) is effective to produce in the resulting RNA/DNA
duplex DNA fragment strands having a selected common 5N -end sequence,
treating the DNA fragment strands with terminal deoxynucleotide transferase in the
presence of a selected deoxynucleotide, to form a homopolymeric sequence at the 3N -end
of the DNA fragment strands,
mixing the DNA fragment strands containing the homopolymeric sequence with (I) a
homopolymer primer having a binding sequence which is complementary to the 3N-end
homopolymeric sequence of the DNA fragment strands, (ii) a common-sequence primer
which has the same sequence as said selected common 5N -end sequence, (iii) a heat-
stable DNA polymerase and (iv) all four deoxynucleotide triphosphates,
heat denaturing the mixture to yield single-stranded DNA fragments,
annealing the mixture under conditions to form DNA fragment stand/primer
duplexes,
reacting the mixture under conditions in which the DNA fragment strand/primer
duplexes are converted to double-stranded DNA molecules,
repeating said denaturing, annealing, and reacting steps until a desired degree of
fragments amplification has been achieved.
There are two narrow issues under 35 U.S.C. § 112, first paragraph, presented for
decision on this appeal. They are whether the original disclosure of this application
provides (1) written descriptive support and (2) enabling support for that portion of the
claimed subject matter which requires the use of a “heat-stable DNA polymerase.” We
decide both of these issues in favor of appellants. Accordingly, we reverse the examiner’s
rejections under 35 U.S.C. § 112, first paragraph.
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Last modified: November 3, 2007