Appeal No. 1996-3348
Application No. 08/139195
A DNA probe for human membrane cofactor protein hybridizing to and effective to
detect the DNA sequence in Sequence Listing I.D. No. 1 when hybridized overnight
at 37[º]C in 6 x (0.15 M sodium chloride/0.015 M sodium citrate), 5 x (0.02%
BSA/0.02% Ficoll/0.02% polyvinylpyrrolidone)/0.05 M sodium phosphate, pH 6.8,
in[] the presence of sonicated herring sperm DNA, followed by washing two times
for thirty minutes with 2[]x 0.15 M sodium chloride/0.015 M sodium citrate plus 0.1%
SDS at room temperature.
The DNA probe of claim 13 wherein the probe is at least seventeen nucleotides in
length.
Grounds of Rejection
Initially, we note that the rejection of claim 14 under 35 U.S.C. § 112, fourth paragraph, as
being of improper dependent form and the rejection of claim 13 under 35 U.S.C. § 102(b)
were withdrawn in the Answer (Paper No. 18, mailed May 10, 1996). The remaining
rejections on appeal are as follows:
Claims 13-15 stand rejected under 35 U.S.C. § 112, first paragraph, as the specification,
as originally filed, does not provide support for the invention as is now claimed.1
Claims 13-15 stand rejected under 35 U.S.C. § 112, second paragraph, as failing to
particularly point out and distinctly claim the invention.
1The objection to the specification and corresponding rejection under 35 U.S.C. § 112,
th
first paragraph raise the same issue. See, MPEP § 2163.06(II) (7 ed., rev. 1, February
2000).
2
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