Appeal No. 2002-0780 Page 4
Application No. 09/128,340
Robson:
The examiner finds (id., page 4), Robson teaches “disrupting
Mycobacteria [sic] cells using sonication, with and without glass beads, and heat
at 60°C….” In addition, the examiner finds (id.), Robson teaches “cells to be
lysed can be in water, but also can be in suitable buffers having alkaline pH
(i.e.[,] Tris-HCl, pH 8.0, pH[] 8.8, etc.).”
As we understand the reference, Robson discloses a “process for lysing
mycobacteria … comprising exposing the bacteria to a lysis effective amount of
heat.” See Abstract. According to Robson, liberated “DNA is suited for
subsequent analysis by way of probe hybridization, restriction enzyme analysis,
and the like.” Id. Robson discloses (column 1, lines 59-62), “[t]he process of the
invention is particularly advantageous since only one step is involved, it is
expedient compared to prior processes, and little instrumentation is necessary.”
By way of seven examples, Robson distinguishes sonication from their heat lysis
methodology. In examples 2 and 4 (columns 7-9), Robson discloses the
sonication of Mycobacteria tuberculosis with or without glass beads. In each of
these examples no, or an insufficient amount of, DNA was released from the
cells. In example 5 (column 9), Robson discloses a sonication method with a
“GEN-PROBE lysing tube.” Robson, however, report (id., at lines 38-41), “[w]hile
Gen-Probe was successful, two extra phenol/chloroform extractions were
required to clear the sample (i.e.[,] remove contaminants from the lysis solution)
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