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Re: gunnabeoneday post# 56248

Thursday, 02/08/2007 7:04:06 PM

Thursday, February 08, 2007 7:04:06 PM

Post# of 82595
Gunnabe, Be careful how you read the patent application. The application consists of two parts. The first is the exposition part. It is where the 'story' is told. It can include background information, explanations of techniques, definitions of terms, references to other patents anything necessary to explain the thoughts and approach of the inventor. It includes all of the general details of the invention. The second part is the list of claims that are being made. All of the different versions of the invention all of the different ramifications are listed in the claims.

While both parts of the application are published and they appear as one document, it is very important to understand that it is only the claims that are actually 'patented'.

After the application has been made all reviews, exceptions, modifications and rejections and grants apply only to the claims.

This may seem to be a long winded answer, but what I am trying to explain is the passage you are quoting is from the first part of the application. It is not in any way to be considered a part of the 'patentable' portion of the application.

Therefore the wording of your question is already incorrect;

Now, DNAG is claiming that these AIMs can be used for more than just determining biogeographical ancestry, they can be used to infer responsiveness of an individual to a drug, and predisposition of an individual to a disease. They are defining other utilities of AIMs, are they not?

As I have explained DNAG is not making any claims in this text, neither are they staking out other utilities. They are simply defining and explaining the value of AIMs, in order to provide a background for their eventual claims.

This is not to say that specific utilities do not reside in the claims section, it is only to explain that your interpretation of the text you have quoted is innaccurate. After you have examined the claims and wish to pursue this subject further, please feel free to do so.

regards,
frog