Appeal No. 2004-1761 Page 15
Application No. 10/044,807
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.
Having reviewed the cited parts of the specification, we find no clear teaching of
how the disclosed polymorphisms would be used by those skilled in the art in, e.g.,
forensic analysis. The specification asserts that the claimed sequences can be used in
RFLP analysis; i.e., a technique in which “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.” However, the specification does not disclose that the presence of
different nucleotides at any of the seven polymorphic positions in SEQ ID NO:1 in fact
results in “unique bands” in different individuals.
The specification incorporates by reference U.S. Patent 5,272,057 for its
description of RFLP analysis. We have reviewed the cited patent, but do not find in its
discussion of RFLP analysis a basis for imputing utility to the presently claimed
polynucleotides. The ‘057 patent describes RFLP as follows:
Restriction Fragment Length Polymorphism (RFLP). The genomic DNA of
two individuals in a population will differ in sequence at many sites either
as a result of change in bases or insertions or deletions of sequences.
When these differences occur in the recognition site for a restriction
endonuclease, then a polymorphism in the length of restriction fragments
produced by digestion of the DNA of the two individuals will result.
Column 3, lines 53-61 (emphasis added).
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