Appeal No. 2003-1805 Page 2
Application No. 09/079,892
25. A method for detecting a target polynucleotide in a sample, wherein said
target polynucleotide comprises the polynucleotide of claim 7, the method comprising:
a) hybridizing the sample with a probe comprising at least 20 contiguous
nucleotides comprising a sequence complementary to said target polynucleotide in the
sample, and which probe specifically hybridizes to said target polynucleotide, under
conditions whereby a hybridization complex is formed between said probe and said
target polynucleotide or fragments thereof, and
b) detecting the presence or absence of said hybridization complex, and,
optionally, if present, the amount thereof.
33. An isolated polynucleotide selected from the group consisting of:
a) a polynucleotide comprising the polynucleotide sequence of SEQ ID NO:4,
b) a polynucleotide comprising a naturally occurring polynucleotide sequence at
least 90% identical to the polynucleotide sequence of SEQ ID NO:4,
c) a polynucleotide complementary to a polynucleotide of a),
d) a polynucleotide complementary to a polynucleotide of b), and
e) an RNA equivalent of a)-d).
The examiner relies upon the following references:
Nishi et al. (Nishi ‘713) 5,876,713 Mar. 2, 1999
Eur. Pat. App. (Nishi EPA) EP 824,149 A2 Feb. 18, 1998
Claims 33 through 37 stand rejected under 35 U.S.C. § 112, first paragraph
(written description). Claims 25 through 28 and 37 stand rejected under 35 U.S.C.
§ 103(a). As evidence of obviousness, the examiner relies upon Nishi ‘713 and Nishi
EPA in the alternative. We reverse the written description rejection and affirm the
obviousness rejection.
Background
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