Appeal No. 1999-2814
Application No. 08/990,539
Claims 1, 2, 10, 14, 16, 21, and 23-33 stand rejected under 35 U.S.C.
§ 103 as obvious over Zhang, Bannwarth, Terpetschnig, and Soper.
We reverse.
Background
The specification discloses the use of fluorescent metal-ligand complexes
as labels in DNA sequencing processes. The specification discusses a DNA
sequencing method based on hybridization of different probes to the sample
DNA. See, e.g., pages 6-7. In this method, a “first probe” is made, which
consists of a “fluorescent metal-ligand complex . . . coupled to a first
oligonucleotide having a sequence complementary to [a] first fragment.” Id.,
page 6. This probe is mixed with a “first fragment” of the sample DNA and
exposed to radiation to excite the fluorescent metal-ligand complex. The
fluorescence is the detected, thereby identifying the base sequence of the first
fragment. Id.
Next, a “second probe” is made, which consists of a “fluorescent metal-
ligand complex . . . coupled to a second oligonucleotide having a sequence
complementary to [a] second fragment,” where the sequence of the second
fragment “differ[s] from the first fragment by at least one base.” Id. The second
probe is then mixed with a “second fragment” of the sample DNA, exposed to
radiation to excite the fluorescent metal-ligand complex, and the fluorescence is
detected, thereby identifying the base sequence of the second fragment. Id.,
pages 6-7. The base sequence of the sample DNA is then determined by
comparing the different sequences of the first and second fragments. “The steps
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