Ex Parte Yu et al - Page 3


             Appeal No. 2004-1761                                                   Page 3                     
             Application No. 10/044,807                                                                        

                   The specification also discloses that the gene corresponding to SEQ ID NO:1                 
             has a total of seven polymorphic positions.  See page 18.  Presumably based on these              
             polymorphisms, the specification discloses that                                                   
                   the present sequences can be used in restriction fragment length                            
                   polymorphism (RFLP) analysis to identify specific individuals.  In this                     
                   technique, an individual’s genomic DNA is digested with one or more                         
                   restriction enzymes, and probed on a Southern blot to yield unique bands                    
                   for identification (as generally described in U.S. Patent No. 5,272,057,                    
                   incorporated herein by reference).  In addition, the sequences of the                       
                   present invention can be used to provide polynucleotide reagents, e.g.                      
                   PCR primers, targeted to specific loci in the human genome, which can                       
                   enhance the reliability of DNA-based forensic identifications by, for                       
                   example, providing another “identification marker” (i.e., another DNA                       
                   sequence that is unique to a particular individual).  Actual base sequence                  
                   information can be used for identification as an accurate alternative to                    
                   patterns formed by restriction enzyme generated fragments.                                  
             Page 12.                                                                                          
                   The specification also discloses that “suitably labeled NHP nucleotide probes               
             may be used to screen a human genomic library using appropriately stringent conditions            
             or PCR. The identification and characterization of human genomic clones is helpful for            
             identifying polymorphisms . . . , determining the genomic structure of a given                    
             locus/allele, and designing diagnostic tests.”  Pages 11-12.                                      
                   The specification discloses that “[t]he NHP or NHP peptides, NHP fusion                     
             proteins, NHP nucleotide sequences, host cell expression systems, antibodies,                     
             antagonists, agonists and genetically engineered cells and animals can be used for                
             screening for drugs . . . effective in the treatment of the symptomatic or phenotypic             
             manifestations of perturbing the normal function of a NHP in the body.”  Page 12.  Or             
             “the NHP products can be used as therapeutics.  For example, soluble derivatives such             







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