Appeal No. 2001-1970 Page 3
Application No. 08/260,190
Westermann et al., “Inhibition of expression of SV40 Virus Large T-Antigen by
Antisense Oligodeoxyribonucleotides,” Biomed. Biochim. Acta, Vol. 48, No. 1,
pp. 85-93 (1989)
Orkin et al., “Report and Recommendations of the Panel To Assess the NIH
Investment in Research on Gene Therapy,” NIH Report on Gene Therapy (1995)
Friedmann, “Overcoming the Obstacles,” Scientific American, pp. 96-101 (June
1997)
Mastrangelo et al., “Gene Therapy for Human Cancer: An Essay for Clinicians,”
Seminars in Oncology, Vol. 23, No. 1, pp. 4-21 (1996)
Weiss, “Upping the Antisense Ante,” Science News, Vol. 139, pp. 103-109 (1991)
Claims 30, 32, 35-37, and 39-48 stand rejected under 35 U.S.C. § 112,
first paragraph, as nonenabled.
We reverse.
Background
The specification discloses that a “quasi-viral agent having rather unusual
properties was detected by its capacity to complement mutants of vesicular
stomatitis virus. . . . The quasi viral agent was called MaTu.” Page 2. “MaTu
was found by the inventors to be a two-component system, having an exogenous
transmissible component, MX, and an endogenous cellular component, MN.” Id.
The “MX” component was later identified as lymphocytic choriomeningitis virus
(LCMV). See the specification, page 3.
“[T]he MN component was found to be a cellular gene, showing only very
little homology with known DNA sequences. The MN gene was found to be
present in the chromosomal DNA of all vertebrates tested, and its expression
was found to be strongly correlated with tumorigenicity.” Id., pages 2-3. The
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007