Appeal No. 95-3606
Application 07/827,691
present within or sufficiently near the FMR-1 GC-rich fragile
site which are selected from the group consisting primers
#201, 203, 204, 209, and 213, 7-deaza-dGTP because of the high
GC-content of the template DNA, and Sanger’s dideoxy method
and a TAQuence sequencing kit. We find that the PCR reaction
mixture used for, and the PCR primers and 7-deaza-dGTP
utilized in Kremer’s sequencing method all reasonably appear
to be substantially free of added GTP or dGTP and together
constitute a kit for use in DNA sequencing. Compare the
findings on page 3 of the Second Supplemental Examiner’s
Answer:
Kremer teaches, in Figure 1B, amplification of a
region of the FMR-1 gene, “PCR products spanning the
p(CCG)n repeat [a GC rich region] were generated.”
Kremer
also teaches using primers from the FMR-1 GC-rich fragile
site (see figure 1A, primers #203 and #213); detection
by hybridization with a labeled CGG repeat probe (Kremer,
p. 1713, Fig. 3, caption, see for example lines 18-22).
Moreover, we hold that the PCR reaction mixture of the
kit of appellants’ Claim 42 may include GTP or dGTP and,
accordingly, the preliminary functional language does not
appear to further limit the claimed kit for the utility
specified. Thus, since Innis I would have taught a person
having ordinary skill in the art that 7-deaza-dGTP alone is
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