Appeal No. 95-3606
Application 07/827,691
is performed in a reaction mixture that is substantially
free of both GTP and dGTP.
Next, the nucleotide analogues of method Claim 41 and kit
Claim 42 are “selected from the group consisting of 7-deaza
GTP, inosine, and 7-deaza inosine.” However, consistent with
the teaching in the specification, we hold that the term “7-
deaza GTP” in Claims 41 and 42 reads on both 7-deaza GTP and
7-deaza dGTP. See the Specification (Spec., p. 19, l. 4-11;2
emphasis added):
The process of the present invention uses an
analogue of guanosine nucleotide. U.S. Patent
No. 4,804,748 discloses analogues useful in the
present invention and is hereby incorporated by
reference. Preferred analogues include inosine,
7-deaza-guanosine and 7-deaza inosine nucleotides
(both ribo- and deoxyribo-). The 2'-deoxy analogues
are more preferred and the 7-deaza-2'deoxy guanosine
(7-deaza-2'-dGTP) analogue is further preferred.
Finally, we hold that the functional language, “for
ascertaining whether an individual is a carrier for, or
afflicted with Fragile X” in Claim 41, considered in
conjunction with the “reaction mixture that is substantially
free of GTP and dGTP” and in light of the supporting
A patent applicant may be his own lexicographer so long as2
he sets out his definition in the specification. Intellicall,
Inc. v. Phonometrics, Inc., 952 F.2d 1384, 1387-88, 21 USPQ2d
1383, 1386 (Fed. Cir. 1992).
- 6 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007