Appeal 2007-0628
Application 10/225,082
Claim 45 is representative and reads as follows:
A method of determining a diagnosis of stroke or cerebral injury in a
subject, said method comprising:
analyzing a test sample obtained from a subject for the presence or
amount of one or more markers selected from the group consisting of
adenylate kinase, brain-derived neurotrophic factor, calbindin-D, creatine
kinase-BB, glial fibrillary acidic protein, lactate dehydrogenase, myelin
basic protein, neural cell adhesion molecule, neuron-specific enolase,
neurotrophin-3, one or more isoforms of protein kinase C, proteolipid
protein, S-100β, brain-derived neurotrophic factor, thrombomodulin, and
marker(s) related thereto;
analyzing said test sample for the presence or amount of one or more
markers selected from the group consisting of acute phase reactants, A-type
natriuretic peptide, B-type natriuretic peptide, C-type natriuretic peptide,
adrenomedullin, endothelin-1, endothelin-2, endothelin-3,
β-thromboglobulin, cardiac troponin I, caspase-3, creatine kinase-MB,
D-dimer, fibrinopeptide A, head activator, hemoglobin a2 chain,
interleukin-8, myoglobin, plasmin-a-2 antiplasmin complex, platelet factor
4, prothrombin fragment 1+2, thrombin-antithrombin III complex, tissue
factor, vascular endothelial growth factor, one or more forms of von
Willebrand factor, and marker(s) related thereto; and
correlating the presence or amount of the analyzed markers to the
occurrence or nonoccurrence of a stroke or cerebral injury in said subject.
Claim 45 is directed to a method of diagnosing stroke or cerebral
injury by analyzing a sample from a patient for at least two markers: one
chosen from a set of specific markers of cerebral injury and one chosen from
a set of non-specific markers of cerebral injury. The claim language reciting
“analyzing a test sample . . . ; analyzing said test sample” indicates that the
same test sample is used in both assays.
The claim also requires correlating the results of the assays to
determine whether the subject has suffered a stroke or cerebral injury. The
specification defines “correlating” to mean “comparing the presence or
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