Appeal No. 2001-1880
Application No. 09/273,835
(c) measuring the mass peak of the labeled oligonucleotide using mass
spectrometry;
(d) obtaining the magnitude of the mass shift between the labeled
oligonucleotide and the unlabeled oligonucleotide, whereby the number of isotope-
labeled nucleotides in the oligonucleotide under investigation is determined.
21. A method for detecting polymorphisms in oligonucleotides which comprises
the steps of:
(a) incorporating a stable, isotope-labeled form of two of the four nucleotide units
of an oligonucleotide into the oligonucleotide under investigation in place of the ordinary
nucleotide therein, the other three types of nucleotides in the oligonucleotide being
unlabeled;
(b) measuring the mass peak of the unlabeled oligonucleotide using mass
spectrometry;
(c) measuring the mass peak of the labeled oligonucleotide using mass
spectrometry;
(d) obtaining the magnitude of the mass shift between the labeled
oligonucleotide and the unlabeled oligonucleotide, whereby the number of isotope-
labeled nucleotides in the oligonucleotide under investigation is determined.
The prior art references relied upon by the examiner are:
Arlinghaus et al (Arlinghaus) 5,780,232 July 14, 1998
Rothberg et al. (Rothberg) 5,972,693 Oct. 26, 1999
Lizardi (Lizardi) 5,854,033 Dec. 29, 1998
Grounds of Rejection 1
Claims 1-3, 6-10 and 13 stand rejected under 35 U.S.C. 102 as anticipated by
1 Although claims 7 and 20 do not appear in the statement of the statutory basis
of any rejection, they are discussed in the body of the statement of rejection, for
example, Answer, pages 5 and 8. In addition, the appellant has understood these
claims to be included in the rejections. Brief, pages 3 and 5. We note a prior objection
to claims 7 and 20 was withdrawn by the examiner (Paper No. 8, page 2), however, as
claims 7 and 20 appear to remain rejected in the answer, we treat the rejection of these
claims as still pending. The examiner is reminded that all rejected claims should
appear in the listing of the statutory basis of the rejection.
3
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