Appeal No. 95-3606
Application 07/827,691
amplifying unstable fragile X DNA from a nucleic acid sample
by conventional PCR, detecting the presence and size of said
amplified nucleic acid by comparison with known standards, and
determining whether the individual source of the nucleic acid
sample is a carrier for, or afflicted with fragile X, we find
that the combination of Innis I and Innis II would not have
led persons having ordinary skill in the art reasonably to
expect to successfully perform PCR analysis for fragile X
nucleic acid sequences using c dGTP substantially free of GTP7
and dGTP, compare the detection of the presence and size of
said nucleic acid sequences by known techniques, and reliably
determine whether the individual source of the nucleic acid
sample is a carrier for, or afflicted with fragile X. Despite
the examiner’s portrayal of the teaching of Innis II, we find
no less preference in Innis II for using a 3:1 c dGTP:dGTP7
mixture than is indicated in Innis I.
7 7
Innis II refers to PCR with c dGTP and PCR with c dGTP and
dGTP in the alternative, i.e., “PCRs with c dGTP (or mixtures7
of c dGTP and dGTP)” (Innis II, p. 56, third line under7
Results and Discussion). Innis II admits to having previously
erred in suggesting that “PCRs with c dGTP (or mixtures of7
c dGTP and dGTP) appeared to be less efficient on most7
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