Interference No. 104,021 Paper No. 112
Griffin v. Bertina Page 2
BACKGROUND
The count and involved claims
After decision on preliminary motions (Paper No. 70), the interference was redeclared
(Paper No. 71) with the following count:
A method according to claim 62 of the Bertina application
OR
A kit according to claim 81 of the Bertina application.1
Claims 62 and 81 of the Bertina application are as follows
62. A method for diagnosing an increased risk for thrombosis of a genetic
defect causing thrombosis comprising the steps of:
(A) obtaining, from a test subject, test nucleic acid comprising codon 506
within EXON 10 of the human Factor V gene; and
(B) assaying for the presence of a point mutation in the nucleotides of
codon 506 within EXON 10 of the human Factor V gene, wherein said
point mutation correlates to a decrease in the degree of inactivation of
human Factor V and/or human Factor Va by activated protein C,
wherein the presence of said point mutation in said test nucleic acid indicates an
increased risk for thrombosis or a genetic defect causing thrombosis.
81. The kit of claim 80,[2] wherein said forward primer is selected from the
group consisting of SEQ ID NO:4, SEQ ID NO:9, and SEQ ID NO:11, and said
reverse primer is selected from the group consisting of SEQ ID NO:5, SEQ ID
NO:10 and SEQ ID NO:14.
1 No evidence w as presented regarding the kit altern ative in the count, so this opinion will focus on the method
alternative.
2 Claim 80, which the examiner has deemed to be unpatentable, is:
A kit for diagnosing an inc reased risk from thr ombosis or a genetic de fect causing throm bosis
comprising a forward and a reverse primer that are capable of amplifying codon 506 within EXON 10
of the human Factor V gene.
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