Ex Parte AXEL et al - Page 2


                Appeal No.  2001-0562                                                     Page 2                   
                Application No.  08/460,478                                                                        

                       Claims 81 and 122 are illustrative of the subject matter on appeal and are                  
                reproduced below:                                                                                  
                       81. A method for expressing a gene in mammalian central nervous                             
                            system cells, which method comprises                                                   
                              modifying said cells to contain a replication-deficient recombinant                  
                              adenovirus comprising said gene under the control of a promoter,                     
                              wherein said gene encodes a polypeptide molecule functioning in                      
                              said cells as a neurotransmitter-synthesizing enzyme, trophic                        
                              factor, a growth factor, or a lysosomal enzyme, or wherein said                      
                              gene is an antisense sequence, the transcription product of which                    
                              blocks the expression in said cells of proteins responsible for                      
                              neuropsychiatric disease, or of enzymes involved in the                              
                              biosynthesis of said proteins or in the biosynthesis of glutamate;                   
                              and                                                                                  
                              wherein the gene is expressed in said modified cells.                                
                       122. A method for treating Parkinson’s Disease which method comprises                       
                             sterotactically administering to the brain of a mammal suffering from                 
                             Parkinson’s Disease a pharmaceutical composition comprising a                         
                             replication-defective adenovirus which infects central nervous                        
                             system cells of said mammal and expressing a nucleotide                               
                             sequence, contained in said adenovirus, which nucleotide sequence                     
                             encodes a neurotransmitter-synthesizing enzyme whereby said                           
                             subject is treated for Parkinson’s disease.                                           
                              The references relied upon by the examiner are:                                      
                Geller et al. (‘979)              5,501,979                 Mar.  26, 1996                        
                Geller et al. (‘945)              WO 92/07945                May  14, 1992                         
                Braithwaite, “Semipermissive replication of adenovirus 5 in rat brain cells and                    
                evidence for an induction of cellular DNA replication in vivo,” J. gen. Virol., Vol.               
                67, pp. 391-396 (1986)                                                                             
                Stratford-Perricaudet et al. (Stratford-Perricaudet), ”Gene transfer into animals :                
                the promise of adenovirus,” Human Gene Transfer, Vol. 219, pp. 51-67 (1991)                        
                Ikenaka et al. (Ikenaka), ”Detection of brain-specific gene expression in brain                    
                cells in primary culture:  A novel promoter assay based on the use of a retrovirus                 
                vector,” The New Biologist, Vol. 4, No. 1, pp. 53-60 (1992)                                        







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