Ex parte CUMMINS et al. - Page 3




                     Appeal No. 1995-2839                                                                                                                                              
                     Application 08/062,023                                                                                                                                            


                                B) simultaneously detecting at least one of said amplified first target DNA strands                                                                    
                     and at least one of said amplified second target DNA strands as a simultaneous                                                                                    
                     determination of the presence of said first and second target DNA's.                                                                                              

                                17.  The method of claim 15 wherein one or both of said first second primers, and                                                                      
                     one or both of said third and fourth primers, are labeled with the same or different specific                                                                     
                     binding moiety.                                                                                                                                                   

                                25.  The method of claim 15 wherein said first and second target DNA's are                                                                             
                     associated with the same or different infectious agent.                                                                                                           

                                The references relied on by the examiner are:                                                                                                          
                     Mullis et al. (Mullis II)                             4,683,195                                  July 28, 1987                                                    
                     Mullis et al. (Mullis III)                                       4,965,188                                  Oct. 23, 1990                                         
                     Mullis et al. (Mullis I), “Specific Enzymatic Amplification of DNA In Vitro: The Polymerase                                                                       
                     Chain Reaction,” Cold Spring Habor Symposia on Quantitative Biology, Vol. LI, pp.                                                                                 
                     263-73 (1986)                                                                                                                                                     
                     Spaete et al. (Spaete), “Human Cytomegalovirus Strain Towne Glycoprotein B Is                                                                                     
                     Processed by Proteolytic Cleavage,” Virology, Vol. 167, pp. 207-225 (1988)                                                                                        
                     Matthews et al. (Matthews), “Analytical Strategies for the Use of DNA Probes,”                                                                                    
                     Analytic Biochemistry, Vol. 169, pp. 1-25 (1988)                                                                                                                  
                     Vandenvelde et al. (Vandenvelde), “Fast Multiplex polymerase chain reaction on boiled                                                                             
                     clinical samples for rapid viral diagnosis,” Journal of Virological Methods, Vol. 30, pp.                                                                         
                     215-28 (1990)                                                                                                                                                     

                                The claims stand rejected as follows:                                                                                                                  
                                I.         Claims 15, 16, 20, 21, 27 and 33 stand rejected under 35 U.S.C. §103                                                                        


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