Appeal No. 2003-0903 Page 3
Application No. 09/534,366
Su et al. (Su), ”Optimized Chemilumin-escent Detection of DNA Amplified in the
Exponential Phase of PCR,” BioTechniques, Vol. 17, No. 4, pp. 734-736 (1994)
Liang et al. (Liang 1995), ”Analysis of Altered Gene Expression by Differential
Display,” Methods in Enzymology, Vol. 254, pp. 304-321 (1995)
Fislage et al. (Fislage), ”Primer design for a prokaryotic differential display
RT-PCR,” Nucleic Acids Research, Vol. 25, No. 9, pp. 1830-1835 (1997)
Claims 1-32 stand rejected under 35 U.S.C. § 103. The examiner rejected
most of the claims based on Liang ‘672 and Fislage; the remaining claims were
rejected based on those references combined with one or more of Stratagene,
Su, Heyneker, and Liang 1995.
We reverse.
Background
The specification discloses “methods and materials useful for performing
reverse transcription-polymerase chain reaction [RTPCR] in prokaryotic cells.”
Page 1. In particular, the specification discloses methods for “differential
display”; i.e., measuring differences in gene expression in response to specific
stimuli.
The specification provides a useful synopsis of the state of the art. In the
following passages, the disclosures attributed to Liang and Fislage are, for
practical purposes, the same teachings that are relied on by the examiner. The
specification states that
differential display has not been widely utilized in prokaryotic
systems due to a lack of polyadenylation at the 3’ end of
prokaryotic mRNA. The absence of polyadenylation prevents the
initiation of cDNA by the 3’-anchored primers of the eukaryotic
differential display method developed by Liang et al. However, an
analogous system of differential display for prokaryotes was
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