Appeal No. 2006-1517 Page 10
Application No. 09/976,423
alleles in at least two of the recited genes. We agree with this interpretation of the
claims.
None of the kits disclosed by either Applied Biosystems or Perkin Elmer include
reagents that are specific to any of the genes recited in claims 72 and 106. The kits
disclosed in the references contain reagents for performing a polymerase chain reaction
(PCR) process or for carrying out DNA sequencing. Granted, the kits disclosed by the
references would allow a skilled worker to amplify and sequence any given DNA
fragment, given primers specific to the desired fragment. What is missing from the
references, however, is a disclosure of primers specific to any of the genes recited in
claims 72 and 106.
“[A]nticipation requires that all of the elements and limitations of the claim are
found within a single prior art reference.” Scripps Clinic & Research Found. v.
Genentech, Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010 (Fed. Cir. 1991).
Applied Biosystems does not disclose a product meeting all the limitations of claim 72
and Perkin Elmer does not disclose a product meeting all the limitations of claim 106.
We therefore reverse the rejections based on Applied Biosystems and Perkin Elmer.
4. Obviousness
The examiner rejected claims 106 and 107 under 35 U.S.C. § 103(a) as obvious
in view of either Rosen3 and Ahern4 or Tarkowski5 and Ahern. The examiner noted that
“Rosen teaches [that] genotyping of selected loci of the TNF-alpha and TNF-beta
3 Rosen, U.S. 2002/0119468 A1, published August 29, 2002
4 Ahern, “Biochemical, reagent kits offer scientists good return on investment,” The Scientist, Vol. 9, p. 20
(1995)
5 Tarkowski et al., “TNF gene polymorphism and its relation to intracerebral production of TNF α and TNF
β in AD,” Neurology, Vol. 54, pp. 2077-2081 (2000)
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