Appeal 2007-2363
Application 10/253,967
hybridization and detecting the presence or absence of the
probe:target hybrid as an indication of the target nucleic acid
sequence in the sample (see col. 5, line 1-67, col: 6, line 1-29,
col. 7, line 2- 15, col. 8, line 59-67, col. 9, line 1-28).
(Answer 3.)
The burden is on the Examiner to set forth a prima facie case of
unpatentability. In re Glaug, 283 F.3d 1335, 1338, 62 USPQ2d 1151, 1152
(Fed. Cir. 2002). To anticipate, every element and limitation of the claimed
invention must be found in a single prior art reference, arranged as in the
claim. Karsten Mfg. Corp. v. Cleveland Golf Co., 242 F.3d 1376, 1383, 58
USPQ2d 1286, 1291 (Fed. Cir. 2001).
Guo is drawn to a hybridization method for improving the ability to
distinguish a first, control, nucleic acid, from a second, variant, nucleic acid
(col. 2, ll. 14-18). The method employs a probe that generally, but not fully,
complements the control nucleic acid (col. 2, ll. 19-26).
Panel B of Figure 1 is shown below, wherein the pointed mismatch
represents a true mismatch and the rounded symbol represents an artificial
mismatch (col. 4, ll. 41-46).
Panel B of Figure 1 of Guo represents the artificial mismatch hybridization
strategy, in which the probe includes a purposely introduced single artificial
mismatch so that the difference in duplex thermal stability is determined
between a one base mismatch and a two base mismatch (col. 4, ll. 5863).
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