Ex Parte Brenner et al - Page 3


               Appeal No. 2006-1569                                                                       Page 3                  
               Application No. 10/159,997                                                                                         

                                                          Discussion                                                              
               1.  Claim construction                                                                                             
                      Claims 1-4 are pending and on appeal.  Claim 1 is the only independent claim                                
               and reads as follows:                                                                                              
                      1. A computational method for systematically identifying alternative mRNA                                   
                              splice isoforms of known genes, the method comprising the steps of:                                 
                              a)   identifying target gene sequences by mapping mRNA sequences of an                              
                              mRNA sequence dataset to genomic sequences of a genomic DNA                                         
                              sequence dataset, wherein:                                                                          
                              each mRNA sequence is required to align to a corresponding genomic                                  
                              sequence over the full length of the coding sequence of the mRNA                                    
                              sequence, without gaps in the exons of the genomic sequence; and                                    
                              at least 98% identity between each mRNA sequence and the                                            
                              corresponding genomic sequence is required, favoring the mRNA                                       
                              sequence in case of nucleotide mismatch; and                                                        
                              b)   identifying a dataset of alternate mRNA splice isoforms of the target                          
                              gene sequences by aligning EST sequences from an EST sequence                                       
                              dataset to the target gene sequences and using a transcript assembly                                
                              protocol, wherein:                                                                                  
                              the alternative mRNA splice isoform dataset is restricted to mRNA                                   
                              sequences in which the 5' end of an EST sequence aligns to a coding                                 
                              sequence of the corresponding mRNA sequence, such that the reading                                  
                              frame of the coding sequences can be determined for all isoforms of the                             
                              dataset, and                                                                                        
                              isoforms presenting intron retention are excluded from the alternative                              
                              mRNA splice isoform dataset, and                                                                    
                              coverage by multiple EST sequences is required for each splicing event.                             

                      Thus, claim 1 is directed to the exemplary embodiment of the disclosed protocol                             
               discussed on pages 3-4 of the specification, with the exception that claim 1 is not limited                        
               to use of the RefSeq and dbEST databases.                                                                          





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