Ex Parte Saito et al - Page 2

              Appeal 2007-2363                                                                      
              Application 10/253,967                                                                
              1. A method for detecting the presence of a target nucleic acid sequence              
              on a sample nucleic acid strand comprising the steps of:                              
                    contacting a sample suspected of containing said target nucleic acid            
              sequence with a diagnostic probe under hybridizing conditions;                        
                    wherein the nucleotide sequence of said diagnostic probe comprises              
              (1) a first probe region at its 5'-end that is substantially complementary to a       
              first target region characteristic of said target nucleic acid sequence, and (2)      
              a second probe region, located 3' to said first probe region, where the second        
              probe region is substantially complementary to a second target region                 
              characteristic of said target nucleic acid sequence on the target nucleic acid        
              strand wherein the first and second probe regions on the diagnostic probe             
              may be separated by a spacer region of nucleic acid, and further there exists         
              an intervening sequence between the first and second target regions on the            
              target nucleic acid strand;                                                           
                    wherein when said first and second probe regions are separated by a             
              spacer region then said spacer region forms a non-self-hybridized loop under          
              said selected conditions;                                                             
                    whereby for said selected hybridization conditions the first and second         
              probe regions are such that the diagnostic probe is only stably hybridized to         
              the target nucleic acid strand to form a detectable probe:target hybrid when          
              the first probe region is substantially complementary to the first target region      
              and the second probe region is substantially complementary to the second              
              target region,                                                                        
                    but wherein for said selected hybridization conditions the diagnostic           
              probe is not stably hybridized to the target nucleic acid strand to form a            
              probe:target hybrid detectable above a threshold indicative of stable                 
              hybridization when either the first probe region is not substantially                 
              complementary to the first target region or the second probe region is not            
              substantially complementary to the second target region; and                          
                    detecting the presence or absence of the stable probe:target hybrid in          
              the absence of elongation of the probe:target hybrid as an indication of the          
              presence of the target nucleic acid sequence in the sample.                           
              9. A method for detecting the presence of two or more target nucleic                  
              acid sequences on two or more sample nucleic acid strands comprising the              
              steps of:                                                                             
                    contacting a sample suspected of containing said target nucleic acid            
              sequences with a diagnostic probe under hybridizing conditions;                       


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