Ex Parte Saito et al - Page 8

                 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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