Appeal No. 2006-1517 Page 13
Application No. 09/976,423
Thus, Rosen teaches that a polymorphism in the TNF-α gene is informative in
predicting which livers are more likely to be reinfected in HCV-infected patients, but that
polymorphisms in the TNF-β gene are not. In view of Rosen’s teaching that TNF-β-
specific primers are useless for predicting likelihood of HCV reinfection, we conclude
that the examiner has not adequately explained why Rosen would have led a person
skilled in the art to package primers specific for both TNF-α and TNF-β into a kit.
Like Rosen, Tarkowski teaches PCR primers for amplifying parts of the TNF-α
and TNF-β genes. See pages 2078-2079. Tarkowski analyzed the association
between aspects of Alzheimer’s disease (AD) and polymorphisms in the TNF-α and
TNF-β genes, but concluded that “the levels of these cytokines did not differ significantly
in patients displaying different alleles of the TNF gene.” Abstract. See also page 2080,
right-hand column, second full paragraph:
[T]he frequencies of TNFα1 versus TNFα2 alleles did not differ between
patients with AD and control subjects, suggesting a lack of association
between TNF polymorphism and the susceptibility for AD. The intrathecal
TNFα levels or the degree of cognitive deficit did not differ significantly
between the groups of AD patients with different TNFα or TNFβ gene
polymorphism, suggesting a lack of association between TNF
polymorphism and the clinical severity of AD.
(Emphases added.)
Thus, Tarkowski teaches that the TNF-α and TNF-β polymorphisms that were
examined were not associated with either the susceptibility to or the clinical severity of
Alzheimer’s disease in potential patients. In view of this teaching, we conclude that the
examiner has not adequately explained why Tarkowski would have led a skilled worker
to package the TNF-α- and TNF-β-specific primers disclosed by Tarkowski into a kit.
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007