Appeal No. 1999-1266
Application No. 08/859,472
Ground of Rejection
Claims 16 and 17 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies upon Link, Parkhurst, Heller and Abramson.
We reverse.
Background
The applicant describes the presently claimed invention at page 3 of the
specification as being directed to methods and reagents useful for the combined
amplification and hybridization probe detection of amplified nucleic acid target sequences
in a single reaction vessel. At page 4, applicant describes a method and reagents for the
amplification and probe detection where the polymerase is not required to have 5'->3'
exonuclease activity.
Discussion
Claim Interpretation
Claim 16 is directed to a method for performing combined PCR amplification and
hybridization probing comprising contacting the target nucleic acid sequence with PCR
reagents, including at least two PCR primers, in combination with an oligonucleotide probe
in the presence of a polymerase enzyme substantially lacking any 5'->3' exonuclease
activity. The claim provides that the oligonucleotide probe has a fluorescer molecule
attached to a first end and a quencher molecule attached to a second end such that the
3
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