Appeal 2007-2363
Application 10/253,967
not require perfect complementarity, they do not exclude it. And in any
case, the introduction of the artificial mismatch as shown by the rounded
symbol in Figure 1B would read a probe region that is “substantially
complementary” to a region characteristic of the target nucleic acid
sequence.
As to claim 9, Appellants argue that Guo “fails to disclose the element
of first and second complementary target zones on first and second target
nucleic acid sequences wherein the first complementary target zone is
substantially complementary to the second complementary target zone.”
(Br. 15.)
The Examiner asserts in response that “Guo [ ] teach[es] target DNA
as a PCR amplified DNA, which comprises duplex DNA with two strands
thus the teachings of Guo [ ] do[ ] not exclude the limitations as claimed in
claim 9 reciting detecting the presence or absence of two target sequences on
two sample nucleic acid strands.” (Answer 10.)
Claim 9 requires a probe containing two probe regions, wherein the
first probe region is “substantially complementary to a first target region
characteristic of said first target nucleic acid sequence,” and the second
probe region is “substantially complementary to a second target region
characteristic of said second target nucleic acid sequence,” wherein the first
target region and the second target region are on different nucleic acids. In
addition, the first target nucleic acid sequence “has a first complementary
target region and a first complementary target zone, and the second target
nucleic acid sequence “has a second complementary target region and a
second complementary target zone,” wherein “the first complementary target
zone is substantially complementary to the second complementary target
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