Appeal No. 2001-1880
Application No. 09/273,835
Appellant urges that Arlinghaus teaches that its “process includes the step of
incorporating one or more atoms of a specific stable or long-lived radioactive isotope of
a selected element on the ODN primer or the DNA, or in one or more of the
deoxynucleotide triphosphates such that a DNA fragment has a specific stable or long-
lived radioactive isotope of a specified selected element at a terminal or interior
position.” Brief, page 8. Appellants also argues that Arlinghaus does not teach
radioactive isotopes of a selected element that normally occur in DNAs, ODNs or PNAs,
such as C-13, N-15 and H-2. Id.
The examiner responds arguing that “Arlinghaus teaches 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 (column 6, lines 18-
51);[.]” Answer, page 9. The examiner suggests that, while appellant may argue that
isotopic labeling of all of one type of atom in a chosen nucleotide unit, for example, all
of the carbon atoms or nitrogen atoms or hydrogen atoms is not taught by Arlinghaus,
the examiner does not find such a feature to be recited in the pending claims. Id.
We have determined that when the claims are fairly read in view of the
prosecution history and specification, that appellant’s interpretation of the claims is
supported, and reasonable.
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