5.4. Claims at issue

There are eight independent claims in the ‘179 patent, but five of them (Claims 19, 24, 25, 33, and 36) are drawn to methods specific to the MHC locus of humans and will not be discussed. Independent claims 1 and 26 are analysed here as key claims; independent claim 9 is touched upon in this analysis where appropriate.[add a comment]

Claim 1 of the US ‘179 patent recites:
A method for detection of at least one coding region allele of a multi-allelic genetic locus comprising:[add a comment]

(a) amplifying genomic DNA with a primer pair that spans a non-coding region sequence, said primer pair defining a DNA sequence which is in genetic linkage with said genetic locus and contains a sufficient number of non-coding region sequence nucleotides to produce an amplified DNA sequence characteristic of said allele; and[add a comment]

(b) analyzing the amplified DNA sequence to detect the allele.[add a comment]

Claim 9 is written in very nearly the same language as Claim 1. In the preamble (the initial statement prior to the word “comprising”), the method is recited as “for detection of at least one allele...”, in step (a), the DNA sequence is in “genetic linkage with said allele”, and in step (b), the amplified DNA is analysed to “determine the presence of a genetic variation in said amplified sequence to detect the allele.” As discussed below, these appear to be differences without a distinction – meaning that the claims may have identical interpretations.[add a comment]

Claim 26 recites:[add a comment]

A DNA analysis method for determining coding region alleles of a multi-allelic genetic locus comprising identifying sequence polymorphisms characteristic of the alleles, wherein said sequence polymorphisms characteristic of the alleles are present in a non-coding region sequence, said non-coding region sequence being not more than about two kilobases in length. [add a comment]

The information contained in this page was believed to be correct at the time it was collated. New patents and patent applications, altered status of patents, and case law may have resulted in changes in the landscape. CAMBIA makes no warranty that it is correct or up to date at this time and accepts no liability for any use that might be made of it. Corrections or updates to the information are welcome. Please send an email to info@bios.net.

CAMBIA Login