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.
2
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