Appeal No. 95-3606
Application 07/827,691
c dGTP:dGTP mixture in methods for ascertaining whether an7
individual is a carrier for, or afflicted with Fragile X. To
the contrary, c dGTP:dGTP mixtures are preferred where, as7
here, the presence and size of the amplified nucleic acid is
to be detected and compared with known standards using
techniques known in the art (Claim 41, para. c)).
“The consistent criterion for determination of
obviousness is whether the prior art would have suggested to
one of ordinary skill in the art that this process should be
carried out and would have a reasonable likelihood of success,
viewed in light
of the prior art.” In re Dow Chemical Co., 837 F.2d 469, 473,
5 USPQ2d 1529, 1531 (Fed. Cir. 1988). With regard to method
of Claims 41, 10, 11, 15, 27, 6, 9, 34 and 35, the prior art
on its face reasonably provides persons having ordinary skill
in the art with neither the motivation to perform appellants’
method for reliably ascertaining whether an individual is a
carrier for, or afflicted with fragile X nor a reasonable
likelihood of success. We need not further consider the
evidence to which appellants point in rebuttal, because we
hold that the combined teachings of Kremer, Innis I and Innis
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