Ex Parte Feldmann - Page 3


                 Appeal No.  2006-2194                                                        Page 3                   
                 Application No.  09/866,925                                                                           

                        stranded complex of the DNA and RNA forms such that the C1                                     
                        sequence forms hydrogen bonds with the T1 sequence and the C2                                  
                        sequence forms hydrogen bonds with the T2 sequence.  Because                                   
                        the C1 sequence is adjacent to the C2 sequence, the T1 sequence                                
                        is brought physically close to the T2 sequence.  This produces a                               
                        loop of between 1kb and 150kb in the DNA.  Histone proteins                                    
                        reduce the length of the DNA by binding 200 bases.  Histone/DNA                                
                        complexes form six-fold symmetry chromatin assemblies.  The                                    
                        diameter of the chromatin assemblies is approximately 30nm.                                    
                 Id. at 6-7.                                                                                           
                        The specification states that an algorithm has been developed “to                              
                 determine the connectron structure of any genome,” id. at 2, and Figure 8                             
                 provides an overall view of the algorithm, see id. at 25.  The “connectron                            
                 invention” “depends only on sequence equivalency.”  Id. at 28.  As can be seen                        
                 in Figure 8, the algorithm analyzes a genome for possible connectrons.                                
                 Moreover, according to the specification, the physical experimentation process of                     
                 proving the existence and lifetimes of connectrons “is logically quite separate                       
                 from the computational experimentation that have been conducted from June of                          
                 1999 to May of 2001,” id. at 28, which has demonstrated the existence of                              
                 connectrons in prokaryotes, plants, higher animals and humans using publicly                          
                 available genomes, see id. at 35, 37 and 38.                                                          
                        Claim 20, which is only one of the eight independent claims, is drawn to:                      
                        A computer mediated method of identifying DNA sequences that                                   
                        control the expression of different collections of genes in a genome                           
                        comprising detecting, by computer, one or more pairs of first and                              
                        second non-adjacent DNA sequences which could bind to one RNA                                  
                        molecule such that a first RNA sequence in that RNA molecule can                               
                        bind a first non-adjacent DNA sequence and a second RNA                                        
                        sequence in that RNA molecule can bind to a second non-adjacent                                
                        sequence.                                                                                      






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