Appeal No. 1997-2532
Application No. 08/427,569
(b) contacting the product of step (a) with said oligonucleotide bound
to the solid phase;
(c) thereafter separating materials not bound to the solid phase;
(d) contacting the bound product of step (c) with a nucleic acid
multimer, said multimer comprising at least one oligonucleotide segment
that is at least 90% homologous to the second segment of the amplifier
probe polynucleotide [sic, oligonucleotide] and a multiplicity of second
oligonucleotide segments that are at least 90% homologous to a labeled
oligonucleotide;
(e) removing unbound multimer;
(f) contacting the solid phase complex product of step (e) with the
labeled oligonucleotide;
(g) removing unbound labeled oligonucleotide; and
(h) detecting the presence of label in the solid phase complex
product of step (g) and, thereby, detecting the presence of virus in the
sample.
The references relied on by the examiner are:
Hogan et al. (Hogan) WO 88/03957 June 2, 1988
(published International Application)
Urdea et al. (Urdea) WO 89/03891 May 5, 1989
(published International Application)
Seiki et al. (Seiki), "Human adult T-cell leukemia virus: Complete nucleotide sequence of
the provirus genome integrated in leukemia cell DNA," Proceedings of the National
Academy of Sciences, USA, Vol. 80, pp. 3618-3622 (June 1983).
Stratagene 1988 Catalog, p. 39 (Stratagene).
Ratner et al. (Ratner), "Nucleotide Sequence Analysis of Isolates of Human T-
Lymphotropic Virus Type I of Diverse Geographical Origins," AIDS Research and Human
Retroviruses, Vol. 7, No. 11, pp. 923-941 (November 1991).
ISSUES2
2The examiner withdrew the final rejection of claims 17-36 under 35 U.S.C. § 112, first paragraph,
as lacking enablement (see answer, para. bridging pp. 7-8).
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