Appeal No. 2006-2851
Application No. 09/844,501
and several restriction enzyme digests of DNaseI digested HEL nuclei. The data
summarized in FIG. 2 (A-D) show that there is a single DNaseI hypersensitive site
between the 2.3 kb BgIII fragment and the 2.4 kb HindIII fragment . . .” Column 8, lines
48-51. Accordingly, Grosveld obtained fragments of the adult β-globin gene and
probed these fragments to locate the DNaseI hypersensitive site. Grosveld did not,
according to claim 123, step (e), contact the DNA fragments obtained in step (d) with a
population of vector molecules, wherein the vector molecules comprise a first end that is
compatible with the first enzyme and a second end that is compatible with the second
enzyme, under conditions favorable to ligation of compatible ends; or step (f), select
polynucleotides comprising a DNA fragment ligated to a vector molecule. Grosveld, on
the other hand, probed DNA fragments which were not ligated to a vector, and selected
the DNA fragment of interest having the DNaseI hypersensitive site by its ability to bind
to a probe.
In a different experiment, Grosveld incorporated the previously identified DNAse I
hypersensitive sites into a vector or plasmid containing both the hypersensitive sites
and the adult β-globin gene. Column 15, lines 6-47. The DNA fragments cloned in the
experiment described in column 15 are not the same as the fragments described in
column 8. In particular, the hypersensitive site (HSS)-containing fragments cloned in
col. 15 are not the DNAse/I restriction enzyme fragments from col. 8. See col. 15, lines
45-46: PvuI-BstEII fragment with HSS 1 and 2; BstEII-ClaI fragment with HSS 3 and 4.
In contrast, appellants describe their method in the specification, pages 49-50, as
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