Appeal No. 2003-1817 Page 2
Application No. 09/501,714
52. An isolated polynucleotide comprising a sequence selected from the group
consisting of:
a) a polynucleotide sequence of SEQ ID NO:2 or SEQ ID NO:4,
b) a naturally-occurring polynucleotide sequence having at least 90% sequence
identity to the sequence of SEQ ID NO:2 or SEQ ID NO:4,
c) a polynucleotide sequence complementary to a), and
d) a polynucleotide sequence complementary to b).
54. A method for detecting a target polynucleotide in a sample, said target
polynucleotide having a sequence of a polynucleotide of claim 52, the method
comprising:
a) hybridizing the sample with a probe comprising at least 16 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.
The examiner relies upon the following references:
Hillier et al., (Hillier Accession No. N93316), Database EST, Accession No. N93316
(Aug. 20, 1996)
Hillier et al., (Hillier Accession No. W63690), Database EST, Accession No. W63690
(Oct. 11, 1996)
Hillier et al., (Hillier Accession No. AA020916)Database EST, Accession No. AA020916
(Jan. 30, 1997)
Claims 45, 47-49, 52, 54-56 and 66-68 stand rejected under 35 U.S.C. § 112,
first paragraph (written description). Claims 54 and 66 stand rejected under 35 U.S.C.
§ 103(a). As evidence of obviousness, the examiner relies upon Hillier Accession Nos.
N93316, W63690, and AA020916. Claims 45-49 and 52 stand rejected under the
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