Appeal 2007-3395
Application 10/260,733
[34] Further according to Kuukasjärvi, "CGH analysis showed that 50 pg
of DNA (corresponding roughly to two hypertetrapoloid MCF-7 cells)
was sufficient to produce copy number profiles, which were identical
to those obtained from a standard CGH protocol" (Kuukasjärvi at 97).
[35] PCR-based incorporation of fluorescent markers (labeled nucleotides)
was said "to be very effective and resulted in a high signal intensity in
CGH" (Kuukasjärvi at 100).
[36] Kuukasjärvi "concludes that CGH can now be efficiently used to
analyze DNA sequence gains and losses in small subpopulations of
cells from, e.g., premalignant and early lesions" (Kuukasjärvi at 100).
D. Rejections over the Prior Art and Rebuttal
[37] The Examiner finds that Bao teaches the method of claim 1 but for
use of dilution fractions of the second and third samples (Answer at 3-
4 and 6).
[38] Specifically, the Examiner finds that Bao teaches claim 1,
(a) contacting replicas of the array with a first
nucleic acid and a second nucleic acid sample . . . ,
wherein the first nucleic acid is labeled with a first
detectable label and the second sample with a second
detectable label and each comprise substantially
complete complements of the first genome (reference
nucleic acids) and second genome (cDNA sequences
complementary to expressed gene sequences) and
karyotype of first and second genome is known . . . ,
(b) contacting further replicas of the arrays with a
third sample (test or genomic nucleic acids or tumor
comprising substantially complete complement of
genomic nucleic acid of a third genome . . . [Answer at 3-
4, citations to Bao omitted, emphasis added.]
12
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: September 9, 2013