Appeal No. 2006-0258 Page 12
Application No. 09/755,747
The combination of Stimpson and Wittwer:
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.
The examiner finds (Answer, page 5), “Stimpson teaches a method of
detecting DNA variation by monitoring the formation or dissociation of a complex.
. . .” In this regard, the examiner finds (id.), the complex taught by Stimpson
consists of:
(a) a single strand of a DNA sequence . . . oligonucleotide
are attached to a glass solid support which is a monolayer of the
nucleic acids . . .,
(b) an oligonucleotide specific for the single stranded DNA
sequence specific for one allele of the variation and capable of
hybridizing to the single strand (a) to form a duplex . . .
(c) a marker detection of the duplex structure of (a) plus (b)
which forms a complex with the said duplex (here the selenium
label . . .).
According to the examiner (Answer, page 6), Stimpson’s method comprises
(1) steadily and progressively adjusting the temperature by
1°C increments . . .
(2) continually measuring an output signal indicative of the
duplex formed from the strand (a) and probe (b). . . and
(3) recording the conditions 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 examiner recognizes (id.), however, that “Stimpson does not teach
the use of a marker which is duplex specific in the analysis.” To make up for this
deficiency, the examiner relies on Wittwer, which according to the examiner
(Answer, page 6), “teaches a method of detecting DNA variation by monitoring
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