Appeal No. 2001-0407 Page 2
Application No. 08/460,215
contacting said cell with a normal human PKD1 gene or fragments
thereof capable of expressing an amount of polycystin effective to prevent or
reduce cyst formation in said cell.
39. The method of claim 37, wherein said normal human PKD1 gene
comprises an intronless nucleic acid sequence derived from the DNA sequence
of SEQ ID NO:1 or its complement, wherein said intronless nucleic acid
sequence is a cDNA.
45. A composition for treating cyst formation associated with APKD,
said composition comprising an isolated human PKD1 gene having the DNA
sequence of SEQ ID NO:1, its complement, or fragments thereof, and a
pharmaceutically acceptable carrier or diluent.
The examiner relies on the following references:
Orkin et al. (Orkin), “Report and Recommendations of the Panel to Assess the
NIH Investment in Research on Gene Therapy,” National Institutes of Health
(1995)
Cecil Textbook of Medicine, 18th ed., Vol. 2, Wyngaarden et al. (eds.), pp. xxxv
and 1039 (1988)
This merits panel relies on the following reference (of record):
Grabow et al. (Grabow), “Pathophysiology of Adult Polycystic Kidney Disease,”
Adv. Nephrol., Vol. 18, pp. 19-32 (1989)
Claims 37-39 and 45-47 stand rejected under 35 U.S.C. § 112, first
paragraph, as nonenabled.
Claims 39 and 47 stand rejected under 35 U.S.C. § 112, first paragraph,
as nonenabled and lacking an adequate written description.
We affirm in part.
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