Appeal No. 2006-0258 Page 2
Application No. 09/755,747
(c) an intercalating dye specific for the DNA duplex structure
of (a) plus (b) which forms a complex with the duplex and
reacts uniquely when interacting within the DNA duplex,
which method comprises:
(1) steadily and progressively adjusting temperature at a
rate of between 0.01 to 1°C per second,
(2) continually measuring an output signal indicative of
interaction of the dye with duplex formed from the
strand (a) and probe (b), and
(3) recording the temperature at which a change in reaction
output signal occurs which is attributable to formation or
dissociation of the complex and is thereby correlated
with the strength with which the probe (b) has
hybridized to the single strand (a).
The references relied upon by the examiner are:
Konrad 5,789,167 Aug. 4, 1998
Heller, et al. (Heller) 6,048,690 Apr. 11, 2000
Wittwer, et al. (Wittwer) 6,174,670 Jan. 16, 2001
Stimpson et al. (Stimpson), “Real-time detection of DNA hybridization and
melting on oligonucleotide arrays by using optical wave guides,” Proc. Natl. Acad.
Sci., Vol. 92, pp. 6379-6383 (1995)
Jordan et al. (Jordan), “Surface Plasmon Resonance Imaging Measurements of
DNA Hybridization Adsorption and StreptavidinlDNA Multilayer Formation at
chemically Modified Gold Surfaces,” Anal. Chem., Vol. 69, pp. 4939-4947 (1997)
GROUNDS OF REJECTION
Claims 1-5, 7-18, 20-31, 33-44, 46-52, and 67-76 stand rejected under
35 U.S.C. § 112, first paragraph, as failing to comply with the written description
requirement.
Claims 1-5, 8, 10-18, 21, 23-31, 34, 36-44, 47, 49-52, 67-71, 73, 74, and
76 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over the
combination of Stimpson and Wittwer.
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