Appeal No. 2006-0298 Page 7
Application No. 10/021,955
determining the differences between the two polynucleotides to find a mutation
and/or a polymorphism.
The enablement rejection focuses on the association between a mutation
and a myelinopathy, see, e.g., Examiner’s Answer, page 5, and the use of the
association as a diagnostic tool. Claims 35 and 49 do not, however, require any
diagnosis. Thus, upon return of the case, the examiner should consider the
subject matter of independent claims 35 and 49 separately, and if a rejection is
appropriate, clearly indicate how the rejection applies to the subject matter of
those claims.
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007