Ex parte KOLBERG - Page 6




               Appeal No. 1997-2532                                                                                               
               Application No. 08/427,569                                                                                         


               of the nucleic acid sequence of interest and a second segment that is complementary to                             
               an oligonucleotide bound to a solid phase; (b) contacting the product of step (a) with the                         
               oligonucleotide bound to the solid phase; (c) thereafter separating materials not bound to                         
               the solid phase; (d) contacting the product of step (c) with the nucleic acid multimer,                            
               wherein the multimer comprises at least one oligonucleotide that is complementary to the                           
               second segment of the amplifier probe and a multiplicity of second oligonucleotide units                           
               that are complementary to a labeled oligonucleotide;                                                               
               (e) removing unbound multimer; (f) contacting the product of step (e) with the labeled                             
               oligonucleotide; (g) removing unbound labeled oligonucleotide; and (h) detecting the                               
               presence of label in the product of step (g) to detect the presence of the nucleic acid                            
               sequence of interest in the sample (see e.g., claim 12; pp. 3, 7, 24-27 and 31-32; Example                         
               3, pp. 46-49).   While Urdea exemplifies assays, reagents and kits for detecting hepatitis B                       
               virus, Neisseria gonorrhoeae and Chlamydia trachomatis, "Urdea does not teach the use                              
               of any HTLV-1 sequences nor a methodology for selecting any specific HTLV-1                                        
               sequences" (answer, p. 4, last sentence).  In other words, Urdea does not disclose or                              
               suggest amplifier and capture probes having first segments selected from the group                                 
               consisting of SEQ ID NOs. 6-41 and SEQ ID NOs. 42-53, respectively.                                                
                      Seiki "reports the complete 9,032-nucleotide sequence of the proviral genome [of                            
               HTLV-1] cloned in 8ATK-1" (p. 3618, sentence bridging cc. 1-2; Fig. 2) and points "out that                        


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