Ex Parte CHEN - Page 5




              Appeal No. 2001-1880                                                                                         
              Application No. 09/273,835                                                                                   
              directed to a method for determining the nucleotide composition of an oligonucleotide                        
              which comprises the steps of:                                                                                
                     (a) incorporating a stable, isotope labeled form of one 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; and                            
                     (e) comparing the number of isotope labeled nucleotides with the number of that                       
              type of nucleotide in a reference oligonucleotide.                                                           
                     “By incorporating stable, isotope-labeled nucleotides into oligonucleotides, 'mass                    
              tags' are introduced into PCR products, that is, the substitution of any or all of 13C for                   
              12C,  15N for 14N, and 2H for 1H leads to a mass change of the oligomer.” Specification,                     
              page 6.  With the presence of only one type (A,T, C or G) of labeled nucleotide in an                        
              oligomer, the overall mass change of the oligomer corresponds to the number of the                           
              labeled nucleotides in the oligomer, the other three types of nucleotides remaining                          
              unlabeled with their masses unchanged.  Specification, pages 6-7.   The specification                        
              indicates that “stable isotope labeling requires cells to be grown on a minimal medium                       
              containing 99% (15NH4)2SO4 or    15NH4Cl as the sole source of nitrogen for 15N labeling,                    
              and/or 99% 13CH3OH or sodium [1,2-13C2  99%] acetate as the sole carbon source for                           
              13C labeling, and/or 99% 2H2O as the sole source of deuterium for 2H labeling of DNA.”                       
              Specification, page 8.                                                                                       

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