Appeal No. 95-3606
Application 07/827,691
useful for sequencing DNA having a high GC-content (Innis I,
col. 2, l. 51-65) and Innis I and II teach that a 3:1
c dGTP:dGTP mixture is preferred for use in structure-7
independent DNA amplification by PCR at least when
visualization of the product using known techniques is
required, it would have been prima facie obvious to a person
having ordinary skill in the art to use either 7-deaza-dGTP or
3:1 c dGTP:dGTP mixtures as the 7-deaza-dGTP additive7
routinely used in the fragile X DNA sequencing process
described by Kremer. While Claim 42 is directed to “[a] kit
for determining whether an individual carries a mutation for
Fragile X,” it is apparent from appellants’ own specification
that opening the PCR reaction mixture to added GTP or dGTP
precludes reliable use of the full scope of the claimed kit
for the determination indicated. Note that In re Dillon, 919
F.2d 688, 16 USPQ2d 1897 (Fed. Cir. 1990) (en banc), cert.
denied, 500 U.S. 904 (1991), instructs at 693, 16 USPQ2d at
1901:
Each situation must be considered on its own facts, but
it
is not necessary in order to establish a prima facie case
of obviousness that both [the] . . . key component[s] of
a
composition . . . be shown and that there be a suggestion
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