From: Tamsen Valoir [e-mail address redacted] 
Sent: Wednesday, May 14, 2014 12:23 PM
To: myriad-mayo_2014
Subject: Comment re: 101 Guidelines

I have read the Guidance For Determining Subject Matter Eligibility Of Claims 
Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products 
(hereinafter “guidance”) of March 4, 2014 with interest, especially the drug 
and primer examples. 
According to Example B, a claim reciting a purified amazonic acid is not 
patent eligible, because merely purifying the drug is insufficient for 
patentability, even though the purified amazonic acid does not actually exist 
in nature.   Apparently, we should ignore the “purified” language and focus 
on structural elements only.  Thus, a non-natural derivative of amazonic acid 
is patent eligible, but not amazonic acid per se, regardless of purity.
Since determining whether or not a substance is found in nature doesn't 
address the eligibility question, I would like to explore in more depth the 
Office’s thinking in this regard.  I therefor ask about potential claims as follows:
Example 1:
 
1.     Purified amazonic acid.  NOT ELIGIBLE 
 
2.     A composition comprising purified amazonic acid plus purified taxol. 
 
3.     A composition comprising amazonic acid plus purified taxol plus a 
pharmaceutically acceptable carrier.
 
4.     A 95% pure amazonic acid. 
 
5.     A pharmaceutical composition comprising purified amazonic acid 
plus a pharmaceutically acceptable carrier.  
 
6.     A pharmaceutical composition comprising purified amazonic acid 
plus a pharmaceutically acceptable parenteral carrier.  
 
7.     A pharmaceutical composition comprising 95% pure amazonic acid 
plus a pharmaceutically acceptable carrier.  
 
Example 2:
 
1.     A pair of primers, the first primer having the sequence of SEQ ID NO: 1 
and the second primer having the sequence of SEQ ID NO: 2. NOT ELIGIBLE
 
2.     A composition comprising a pair of primers, the first primer having the 
sequence of SEQ ID NO: 1 and the second primer having the sequence of 
SEQ ID NO: 2, one of said primers being detectably labeled.  
 
3.     A composition comprising a pair of primers, the first primer having the 
sequence of SEQ ID NO: 1 and the second primer having the sequence of 
SEQ ID NO: 2, said primers being freeze dried.
 
4.     A composition comprising a pair of primers in a buffered solution, the 
first primer having the sequence of SEQ ID NO: 1 and the second primer 
having the sequence of SEQ ID NO: 2. 
 
5.     A composition comprising a thermostable DNA polymerase and a pair of 
primers, the first primer having the sequence of SEQ ID NO: 1 and the second 
primer having the sequence of SEQ ID NO: 2.
 
6.     A composition comprising a dried pair of primers, said primers having 
17-40 nucleotides and having a sequence selected from a 17-40mer of 
SEQ ID NO. 3.
 
Sincerely,

[Tamsen Valoir]