Ex parte HUGHES et al. - Page 3




                 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.                                                                                                                           
                                                                           3                                                                            




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