Ex Parte Mohammed - Page 2

                Appeal 2007-3395                                                                               
                Application 10/260,733                                                                         
                49, 54-58, 61-62 and 86.  We have jurisdiction under 35 U.S.C. § 6(b)                          
                (2002).  We REVERSE.                                                                           
                      The subject matter on appeal is directed to a method of detecting the                    
                presence of two or more chromosomally distinct cell lines within a                             
                population of cells using array-based comparative genomic hybridization                        
                ("CGH").  Claim 12 is illustrative and reads as follows (emphasis added):                      
                             1.    A method of detecting a degree of genetic                                   
                             mosaicism in a cell population by performing an                                   
                             array-based comparative genomic hybridization                                     
                             (CGH), wherein an array comprising a plurality of                                 
                             cloned genomic nucleic acid segments is provided                                  
                             in a plurality of identical replicas, each cloned                                 
                             segment immobilized to a discrete and known spot                                  
                             on a substrate surface to form the array, the cloned                              
                             genomic nucleic acid segments comprising a                                        
                             substantially complete first genome of a known                                    
                             first karyotype, the method comprising:                                           
                                   (a)  contacting replicas of the array with                                  
                             mixtures of a first nucleic acid sample and a                                     
                             second nucleic acid sample and fractional dilutions                               
                             of the second sample, wherein the first sample                                    
                             comprises a plurality of genomic nucleic acid                                     
                             segments comprising a substantially complete                                      
                             complement of the first genome labeled with a first                               
                             detectable label, the second sample comprises a                                   
                             plurality of genomic nucleic acid segments                                        
                             comprising a substantially complete complement                                    
                             of the second genome labeled with a second                                        
                             detectable label, and the karyotype of the second                                 
                             sample is known and is different from that of the                                 
                             first sample;                                                                     

                                                                                                               
                2 Amended Appeal Brief under 37 C.F.R. § 41.37 filed 27 November 2006                          
                ("Br."), at 10.                                                                                

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