Appeal No. 1996-2442
Application 08/062,021
II. Claims 1 through 8, 10 through 13, 16 through 20, 22 through 27, 30,
31, 33 and 35 through 38 under 35 U.S.C. § 103 as unpatentable over
Nedjar, Brytting, Gibbs, Chamberlain and Findlay.
III. Claim 38 under 35 U.S.C. § 103 as unpatentable over Brytting and
Gibbs.
We reverse all three rejections.
DISCUSSION
The claims on appeal are directed to methods, compositions and kits for
simultaneous amplification and detection of human cytomegalovirus (hCMV) DNA and
a second target DNA. Claim 1, which represents the composition in its broadest
aspect, is directed to a buffered aqueous preparation containing first and second
primers, differing from each other in length by no more than 5 nucleotides, specific to
and hybridizable with opposing strands of hCMV; third and fourth primers, differing in
length from each other by no more than 5 nucleotides, specific to and hybridizable with
opposing strands of a second target DNA; and at least 10 units/100 :l of a
thermostable DNA polymerase. All four primers have melting temperatures (Tms) within
the range of about 65°C to 74°C and within about 5°C of one another; and all four
primers are present in the same amount within the range of from about 0.1 to about 2
:M. Independent claim 22, in which the composition is used, represents the method in
its broadest aspect. Claim 38 is directed to oligonucleotide primers of defined
sequence, corresponding to portions of hCMV DNA. Claims 39 through 42 are method
and kit claims requiring specific primers and capture probes. Independent claim 37 is
directed to a diagnostic element coated with a plurality of immobilized capture probes
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