Appeal No. 95-3606
Application 07/827,691
examiner engaged in hindsight reconstruction of the subject
matter claimed is evident in this case because, while Kremer
routinely used 7-deaza-dGTP when sequencing by Sanger’s
dideoxy method and with a TAQuence sequencing kit because of a
high GC content of the template DNA (Kremer, p. 1712, Fig. 1.
(A)), Kremer appears not to have considered the use of 7-
deaza-dGTP in PCR analysis. See Figs. 2 and 3. Moreover,
Kremer’s attempts to determine the sequence of fragile X by
PCR analysis appears to have been foiled by unstable DNA
(Kremer, p. 1713, col. 3):
The fragile X genotype is characterized by an increased
amount of unstable DNA that maps to the repeat. Most of
this unstable repeat and indeed most of the repeat in
normal
chromosomes is lost during cloning and DNA amplification
by PCR; thus its exact nature must remain speculative.
Thus we find no teaching in Kremer, which would have led
persons having ordinary skill in the art to reasonably expect
success when amplifying unstable fragile X DNA by PCR with or
without the addition of 7-deaza-dGTP to the PCR reaction
mixture. Nevertheless, even if persons having ordinary skill
in the art reasonably would have expected from the combined
teachings of Kremer, Innis I, and Innis II that the process
Innis I and Innis II describe would have been useful for
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