Appeal No. 1996-3330
Application 07/861,458
(e) using additional two or more probes based on two or more conserved regions
among said structural homologues and said gene to detect hybridization signals in the
genome of an additional organism which is positioned phylogenetically between said first
organisms and said additional organism; and
(f) repeating steps b through e until said structural homologue of said first organism
is identified.
The references relied upon by the examiner are:
Webster 5,087,558 Feb. 11, 1992
Chalfie et al. (Chalfie), "The Identification and Suppression of Inherited Neurodegeneration
in Caenorhabditis elegans," Nature, Vol. 345, pp. 410-416 (1990)
Goddard et al. (Goddard), "Isolation and Characterization of Caenorhabditis elegans
DNA Sequences Homologous to the v-abl Oncogene," Proc. Natl. Acad. Sci. USA, Vol 83,
pp. 2172-2176 (1986)
Libert et al. (Libert), "Selective Amplification and Cloning of Four New Members of the G
Protein-Coupled Receptor Family," Science, Vol. 244, pp. 569-572 (1989)
Grounds of Rejection
Claims 38-54, 58-60, 66-81, and 85-87 stand rejected under 35 U.S.C. § 112, second
paragraph, as failing to particularly point out and distinctly claim the invention.
Claims 38-54, 58-60, 66-81, and 85-87 stand rejected under 35 U.S.C. § 103. As
evidence of obviousness, the examiner relies upon Chalfie, Goddard, Webster, and Libert.
We reverse.
Background
The applicants describe the invention, at page 2 of the specification, as being
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