Appeal No. 2001-0562 Page 13
Application No. 08/460,478
examiner relies (Answer, page 19) on ‘979 to teach “using a herpes viral vector
to deliver genes encoding lysosomal enzymes, such as an hexosaminidase,
glucocerebrosidase, hypoxanthine and phosphoribosyl transferase (HGPRT)
known to be involved in human diseases, to cells of the nervous system both for
basic and clinical research (gene therapy) involving diseases affecting the
nervous system….”
In response appellants argue (Brief, page 23), ‘979 does not cure the lack
of evidence of a teaching, suggestion, or motivation to combine these
references.” For the reasons set forth, supra, we agree.
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