Appeal No. 2004-1967 Page 4
Application No. 09/027,439
Claims 47, 48 and 53 are directed to isolated nucleic acid molecules comprising
or consisting of SEQ ID NO: 3, 4, 5 or 6; RNA equivalents of SEQ ID NO: 3, 4, 5 or 6;
and complements of SEQ ID NO: 3, 4, 5 or 6. Claims 47 and 48 distinguish between
“complementary” molecules “capable of base pairing [with molecules comprising or
consisting of SEQ ID NO: 3, 4, 5 or 6] according to the standard Watson-Crick
complementarity rules” (i.e., A to T or U, and G to C) and “substantially complementary”
molecules “capable of hybridizing” to SEQ ID NO: 3, 4, 5 or 6 under specified
conditions. Ostensibly, substantially complementary nucleic acids are something other
than completely complementary – mismatches can be tolerated, as long as the
molecule is capable of hybridizing to SEQ ID NO: 3, 4, 5 or 6 under the stated
conditions. Claims 47, 48 and 53 read as follows:
47. An isolated nucleic acid molecule comprising SEQ ID NO: 3, SEQ ID NO: 4,
SEQ ID NO: 5, or SEQ ID NO: 6,
or an RNA equivalent thereof,
or a nucleic acid complementary to said isolated molecule, capable of base-
pairing according to the standard Watson-Crick complementarity rules,
or a nucleic acid substantially complementary to said isolated molecule which is
capable of hybridizing to the nucleic acid molecule under the following stringent
conditions:
hybridization at 40°-65°C for 14-16 hours in a hybridization solution at pH 7.8,
containing 0.9 M NaCl, 0.12 M Tris-HCl, 6 nM EDTA, 0.1 M sodium phosphate buffer,
0.1% SDS and 0.1% polyvinylpyrrolidone,
followed by three 15-minute washes at 40°-65°C to remove unbound probes in a
solution at pH 7, containing 0.075 M NaCl, 0.0075 M Na Citrate and 0.1% SDS.
48. An isolated nucleic acid molecule consisting of SEQ ID NO: 3, SEQ ID NO: 4,
SEQ ID NO: 5, or SEQ ID NO: 6,
or an RNA equivalent thereof,
or a nucleic acid complementary to said isolated molecule, capable of base-
pairing according to the standard Watson-Crick complementarity rules,
or a nucleic acid substantially complementary to said isolated molecule which is
capable of hybridizing to the nucleic acid molecule under the following stringent
conditions:
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