Appeal No. 1996-3330
Application 07/861,458
indicates that appellants failed to file a reply brief addressing the new ground of rejection
1
within the time period permitted. (37 CFR 1.93(b) 1995). Therefore, the appeal as to
claims 1-26 and 30-32 is dismissed. Id. We have considered the issues raised by this
appeal as they relate to the remaining claims 38-54, 58-60, 66-81, and 85-87.
Claim 38 is illustrative of the subject matter on appeal and reads as follows:
38. A method for identifying a structural homologue in a first organism which is
structurally homologous with a gene first identified in a second organism of a non-
vertebrate phylum, said method comprising the steps of:
(a) detecting, with two or more probes corresponding to nucleotide sequences of
said gene, hybridization signals in the genome of a third organism which is positioned
phylogenetically between said first organism and said second organism;
(b) cloning said hybridization signals that are detected by at least two of said two or
more probes, determining arrangement or strandedness of
probe-binding regions in said cloned hybridization signals, and selecting candidate
homologues from said hybridization signals based on sameness in arrangement or
strandedness of said probe-binding regions;
(c) sequencing said probe-binding regions in said candidate homologues and
selecting putative homologues from said candidate homologues based on presence of an
open reading frame in said sequence probe-binding regions;
(d) sequencing said putative homologues and selecting structural homologues from
said putative homologues based on multiple resemblance in structural characteristics;
1 Several attempts were made during the period of August 28, 2000 through
September 7, 2000, by Paralegal Specialist Dianne Maggard, to contact appellants'
designated representative in an effort to verify that a reply brief in response to the
Examiner's Answer had not been filed. Ms. Maggard was unable to ascertain that a reply
brief had been timely filed.
2
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