Appeal No. 2003-1805 Page 7
Application No. 09/079,892
The written description rejection is reversed.
2. Obviousness.
We initially note that appellants state that the claims are grouped together for the
purposes of this rejection. Appeal Brief, page 5. Accordingly, we shall decide the
issues raised in the Examiner’s obviousness rejection as they pertain to claim 25.
37 CFR § 1.192(c)(7). We also note that the two Nishi references relied upon by the
examiner appear to be the same. Thus, we shall consider the merits of the examiner’s
rejection as it is based upon Nishi ‘713.
Claim 25 is directed to a method for detecting a target polynucleotide said to
comprise the polynucleotide of claim 7 in a sample. To this end, a sample is hybridized
with a probe comprising at least 20 contiguous nucleotides comprising a sequence
complementary to said target polynucleotide in the sample. The probe will specifically
hybridize to the target polynucleotide, if present, forming a hybridization complex. The
presence or absence of the hybridization complex is an indication as to whether the
sample contained the target polynucleotide.
The examiner has determined without dispute by appellants that Nishi ‘713
describes a polynucleotide encoding a carbohydrate metabolizing enzyme
(glutamine:fructose-6-phosphate amidotransferase activity) that is 100% identical to the
amino acid sequence set forth in SEQ ID NO:1 of this application. Examiner’s Answer,
page 6. The examiner has also determined, again without dispute by appellants, that
Nishi ‘713 describes a polynucleotide sequence encoding that polypeptide that is 67.7%
identical to the polynucleotide sequence set forth in SEQ ID NO:4 of this application.
Id. The basis for the examiner’s findings are the sequence comparison printouts
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