Appeal No. 2003-0892 Page 4
Application No. 09/454,385
“[T]arget DNA of unknown sequence is labeled with a fluorophore and combined with
transponder particles carrying known oligonucleotides . . . [t]he transponders are
analyzed to detect the fluorescence or color originating from a label that indicates that
target DNA has bound to the probe attached to the . . . transponder, and the
information stored electronically in the transponder is decoded” (column 1, lines 49-68).
As appellant points out, “each transponder has a surface that is covered with the
encoded oligonucleotides . . . so that a large fluorescent signal is obtained from the
multitude of labeled target sequences rather than extended reporter molecules on each
target sequence” (Brief, page 3). As the examiner puts it, Mandecki “detect[s] the
fluorescence emitted by each and every fluorophore of each and every individual
reporter molecule . . . at the same time and joins them together” (Answer, page 7).
Albrecht describes a method for identifying and isolating differentially expressed
genes or polymorphic genes. “[D]ifferently labeled populations of DNAs from cell or
tissue sources whose gene expression is to be compared [are provided and] . . .
competitively hybridized with reference DNA cloned on solid phase supports” (column
2, lines 28-48). The reference oligonucleotides “are synthesized on the surface of a
solid phase support, such as a microscopic bead or a specific location on an array of
synthesis locations on a single support, such that populations of identical . . .
sequences are produced in specific regions. That is, the surface of each support, in the
case of a bead, or of each region, in the case of an array, is derivatized by copies of
only one type of tag complement having a particular sequence” (column 10, lines 18-
29). Appellant argues that Albrecht thus “fail[s] to teach [appellant’s] recited method
steps for identifying single target molecules or for extending a primer molecule along
the single target sequences so that individual target sequences can be identified
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