Ex Parte Mohammed - Page 6

                Appeal 2007-3395                                                                               
                Application 10/260,733                                                                         
                      tumor's ('a sample') genetic make-up can be 50% 47,XXX and 50% 45                        
                      X,-X cells." (Specification at 2, ¶ 5).5                                                 
                 [5] Determining the presence or degree of genetic mosaicism in a cell                         
                      population can be helpful in determining the cause of a disease (e.g.,                   
                      cancer or an inherited disease) or for diagnosing or prognosing its                      
                      cause (Specification at 2, ¶ 5).                                                         
                 [6] Instead of analyzing the chromosomes from individual cells,                               
                      karyotyping using array-based CGH analyzes the DNA sequence copy                         
                      number of the total genomic DNA extracted from the cells                                 
                      (Specification at 2, ¶ 6).                                                               
                 [7] From a DNA copy number perspective, the genome profile of a tumor                         
                      made up of 50% 47,XXX cells and 50% 45 X,-X cells is said to be no                       
                      different from a reference population of 100% 46,XX cells                                
                      (Specification at 2-3, ¶ 6).                                                             
                 [8] However, "the genetic mosaicisms observed in clinical samples will                        
                      likely only rarely involve cell populations whose combined genetic                       
                      profiles completely mask the presence of a mosaic population"                            
                      (Specification at 3, ¶ 7).                                                               
                 [9] The methods described in Appellant's specification are said to be                         
                      "sufficiently sensitive to detect clonally distinct (by karyotypic                       
                      criteria) cell populations within a more dominant background cell                        
                      population" (Specification at 14, ¶ 42).                                                 
                                                                                                               
                5 The standard way of describing karyotypic information is to (a) give the                     
                total number of chromosomes, (b) identify the sex chromosomes and (c)                          
                identify any other abnormalities that may be present.  A normal male                           
                karyotype, 46,XY, means the cell contains 46 chromosomes, including one                        
                X and one Y.                                                                                   

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