Ex Parte Mohammed - Page 10

                Appeal 2007-3395                                                                               
                Application 10/260,733                                                                         
                 [21] Various control nucleic acid target elements may also be included on                     
                      the array, e.g. total genomic DNA or total genomic or cDNA from a                        
                      tissue with known abnormalities (Bao at col. 11, ll. 13-18).                             
                 [22] The first nucleic acid population comprises a mixture of mRNA or its                     
                      complementary cDNA, which is representative of gene expression in                        
                      the tissue sample and is labeled with a first marker, e.g., a red                        
                      fluorescent dye (Bao at col. 6, ll. 34-38; col. 17, ll. 5-9).                            
                 [23] The second nucleic acid population comprises a mixture of genomic                        
                      DNA which is representative of the tissue sample's total genomic, i.e.,                  
                      chromosomal, DNA and is labeled with a second marker, e.g., a green                      
                      fluorescent dye (Bao at col. 6, ll. 34-40; col. 17, ll. 5-9).                            
                 [24] The third nucleic acid population comprises a reference population                       
                      labeled with a third marker, e.g., an orange fluorescent dye (Bao at                     
                      col. 6, ll. 40-42; col. 17, ll. 5-9).                                                    
                 [25] The reference population may be total human genomic DNA from                             
                      normal tissue (Bao at col. 3, ll. 60-62; col. 6, ll. 46-49; col. 12, ll. 33-             
                      36).                                                                                     
                 [26] The array of target elements is contacted, under hybridization                           
                      conditions, with the three labeled nucleic acid populations; the                         
                      presence and intensity of each marker is measured at each target                         
                      element; and, the ratios of the markers (e.g., first and third markers                   
                      and second and third markers) are determined for each target element                     
                      (Bao at col. 3, ll. 3-8 and 31-59; col. 6, ll. 22-55).                                   
                 [27] Comparison of the ratios at a particular target element is said to                       
                      provide the copy number for the genomic DNA sequence and for                             



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