Appeal No. 2006-1547 Page 23
Application No. 10/114,668
Yu describes arrays comprising DNA primers, polymerases, and precursor
nucleotides, including dATP, dGTP, dTTP, and dCTP at distinct locations. See, e.g.,
Yu, ¶ 106. At least one of the nucleotides (“Biotin 14-dCTP”) is labeled. Id. Divalent
cations (magnesium) and buffering salts are also present. Id. Thus, these arrays
contain the basic elements recited in claims 8, 9, and 19.
Yu state that reverse transcriptase can be utilized as a polymerase. Id., ¶ 37.
This meets the requirements of claims 10 and 25. When a reverse transcriptase (RT) is
utilized, Lin teaches that RNase inhibitors may be included in the reaction mixture for
their well-known activity in protecting the RNA template copied by the RT. Lin, column
13, claim 31. The skilled worker would have been motivated to have included an
RNase inhibitor in the DNA primer composition recited in claims 11 and 19 for its known
purpose, as described by Lin, in protecting RNAs from degradation when using a
reverse transcriptase.
Quantitative measurement of the nucleic acid analytes, as recited in claim 20 is
disclosed by Yu at ¶ 1 and ¶ 64, and Ulfendahl at column 8, lines 24-29. The use of
fluorescent labeled nucleotides as required in claim 24 is also disclosed by Yu. Yu, ¶
42. Yu describes analysis of differential gene expression as recited in claim 26. Yu, ¶ 3-
15, 64.
Ulfendahl describe a data transmission step to a remote location as required in
claims 27 and 28, where data is collected from a TIRF instrument and then stored and
analyzed in a spreadsheet. Answer, page 7. The skilled worker would have been
motivated to have applied Ulfendahl’s method to Yu since such method is for analyzing
the type of genetic information collected by Yu.
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