Appeal No. 95-2215 Application 07/920,013 Grounds of Rejection Claims 1-10 stand rejected under 35 U.S.C. § 103. As evidence of obviousness, the examiner relies on Gyllensten, Mullis, and Brumbaugh. We reverse. Background At pages 2-3 of the specification, the applicants describe the invention as relating to a method of detecting a DNA sequence wherein the DNA sequence is asymmetrically amplified, hybridized, in solution, with a fluorescent labeled probe complementary to a segment of the amplified DNA sequence, followed by separation of the hybridized and non-hybridized product using electrophoresis. Applicants state that the labeled DNA is 2 detected during the electrophoresis process in "real time." Applicants also describe the use of the detection method for detecting the presence or absence of one or more pathogens in a test sample. Discussion: Claims: Claim 1 is directed to a method of detecting a DNA sequence by asymmetrically amplifying the DNA sequence, hybridizing, in solution, a fluorescently labeled probe to the 2Applicants define "real time" as "no delay between the time of the electrophoretic run and the time the results are available." Specification, page 6, lines 32-35. 3Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007