Appeal No. 1996-3330
Application 07/861,458
several C.elegans genes, including deg-1, mec-4, mec-6,
which are involved in neuronal degeneration . . . Chalfie et al.
suggest in said Abstract and on page 415, second-to-last
paragraph, that study of such genes would be desirable
because of a possible correlation with several human
diseases.
However, in our opinion, Chalfie stops short of suggesting that the corresponding gene
might be found in or should be isolated from the human genome. At page 410, column 1,
first full paragraph, Chalfie states that "[i]nsights into how genetic lesions can lead to
neuronal degeneration could be obtained by studying animal models with similar defects."
Thus, we read Chalfie as suggesting the use of C. elegans as a model for studying
disease conditions in humans which might share a genetic cause. We find no suggestion
in Chalfie that one should try to isolate or identify homologues, in humans, of those genes
identified in C. elegans.
Goddard is relied upon, by the examiner, as teaching that C. elegans has DNA
sequences related to a human gene and the use of nucleic acid probes based on a first
organism to obtain and sequence hybridization signals from a second organism. (Answer,
page 5). The examiner, also, notes that Goddard teaches the desirability of studying an
organism of intermediate complexity between the other two organism. (Answer, page 6).
However, as pointed out by appellants, both Chalfie and Goddard are "silent as to the
subject matter of this invention, namely, how to clone an unknown gene in a higher
organism which is homologous to an identified gene in a lower organism." (Brief, page
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