Appeal No. 1996-2756
Application No. 07/987,235
Claims 12 and 25 are illustrative of the subject matter on appeal and are
reproduced below:
12. An antisense RNA molecule which selectively inhibits the expression of
the p21 K-ras oncogene, the antisense RNA molecule comprising
sequences complementary to exons II and III and intron II of the p21 K-ras
oncogene.
25. A nucleic acid molecule which selectively inhibits the expression of the
p21 K-ras oncogene, the nucleic acid molecule encoding an antisense
RNA molecule comprising sequences complementary to exons II and III
and intron II of the p21 K-ras oncogene, the antisense coding region of
the nucleic acid molecule being positioned under the control of the ß-
actin promoter.
The references relied upon by the examiner are:
Weinberg et al. (Weinberg) 4,740,463 Apr. 26, 1988
Izant et al. (Izant), “Inhibition of Thymidine Kinase Gene Expression by Anti-Sense
RNA: A Molecular Approach to Genetic Analysis,” Cell, Vol. 36, pp. 1007-1015
(1984)
GROUND OF REJECTION
Claims 12, 13, 16, 25 and 30-32 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Weinberg in view of Izant.
We reverse.
DISCUSSION
In reaching our decision in this appeal, we considered appellants’
specification and claims, in addition to the respective positions articulated by the
appellants and the examiner. We make reference to the examiner’s Answer2 for the
examiner’s reasoning in support of the rejection. We further reference appellants’
2 Paper No. 26, mailed June 6, 1995.
2
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