Appeal 2007-2363
Application 10/253,967
wherein the first target nucleic acid sequence has a first target region
and a first complementary target zone;
wherein the second nucleic acid sequence has a second target region
and a second complementary target zone;
wherein the nucleotide sequence of said diagnostic probe comprises
(1) a first probe region that is substantially complementary to a first target
region characteristic of said first target nucleic acid sequence, and (2) a
second probe region, where the second probe region is substantially
complementary to a second target region characteristic of said second target
nucleic acid sequence;
wherein said first and second probe regions on the diagnostic probe
may be separated by a spacer region of nucleic acid 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 complementary target zone is substantially complementary to the
second complementary target zone, 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 complementary target zone is not
substantially complementary to the second complementary target zone, or
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 sequences in the sample.
The Examiner relies on the following reference.
Guo 5,780,233 Jul. 14, 1998
We affirm-in-part.
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