Appeal No. 2001-1880
Application No. 09/273,835
normally occur in DNAs, [oligodeoxynucleotides] ODNs or PNA's such that the
nucleotide segment or PNS has specific, stable, or long lived radioactive isotope of a
specified selected element at a terminal or interior position; hybridizing the labeled
nucleotide segment or PNA to complementary nucleic acid segments or PNAs which
are fixed on a hybridization surface; and, using mass spectrometric techniques,
including RIS, to analyze the presence and position of the labeled hybridized nucleotide
segments or PNAs which are bound to the fixed nucleotide segments or PNAs.”
Arlinghaus particularly mentions tin and rare earth isotopes, and isotopes attached to
DNA fragments or ODNs.. Columns 2, 5 and 6. Claim 1 of Arlinghaus indicates that
the isotopes are of an element that does not normally occur in DNAs or ODNs. Column
7, lines 57-59.
In response, appellant argues that the examiner fails to establish a prima facie
case of anticipation because the claimed invention requires “isotopic labeling of all of
one type of atom in a chosen nucleotide unit, for example, all of the carbon atoms.”
Brief, page 8. In addition, appellant argues the claimed invention differs from the
disclosure of Arlinghaus in that, “[n]o atoms are introduced that do not normally occur,
and no atoms are attached to a nucleotide.” Id. Appellant argues that this
interpretation of the claim language is supported by the meaning of “isotope labeled
form” in the specification at page 8, lines 2-12; page 9, lines 5-15 and Table 1 of the
specification. Id.
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