Appeal No. 1995-3965
Application No. 07/719,005
“to its existing place in the order in which appeals are decided.” See Paper No. 33,
mailed May 22, 2000.
According to the examiner (Answer, page 5) Wang “teach the detection of
hepatitis B virus (HBV) using the ‘reverse spot hybridization’ which inherently makes
use of a ‘reverse genome probe.’” The examiner further explains (id.) that Wang
uses Southern blot methodology that includes:
a solid surface such as a nitrocellulose filter or nylon membrane to
which DNA is immobilized; a hybridization solution containing a
radioactive probe which is incubated with the solid surface under
conditions in which the probe hybridizes to the complementary DNA
on the solid surface; a wash step in which the unbound probe is
washed away; and a detection step in which the position and amount
of hybridized probe is measured.
According to the examiner (Answer, page 6) Wang differs from the claimed
invention in that Wang does not teach “the use of a plurality of genomic
deoxyribonucleic acid spots, [or] the use of a selected standard which is a plurality
of microorganisms. In addition, with regard to claims 3, 5 and 11, the examiner
finds (id.) that Wang does not teach “an oil field environment … [or] the use of a
sulfate reducing bacterium.”
To overcome these deficiencies the examiner relies on Hitzman and Kimmel.
According to the examiner (Answer, page 6) “Hitzman discloses an oil field
environment … and the use of sulfate reducing bacterium.” Thus, the examiner finds
(id.) that it “would have been prima facie obvious to one of ordinary skill in the art at
the time the invention was made to use the oil field and bacterium of Hitzman in the
5 Paper No. 28, received October 7, 1994.
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