Ex Parte ZAVADA et al - Page 4


                 Appeal No. 2001-1970                                                      Page 4                   
                 Application No. 08/260,190                                                                         

                 specification discloses the full-length MN cDNA sequence.  See Figure 15 and                       
                 SEQ ID NO:5.                                                                                       
                       The specification discloses that MN was found to be expressed in a                           
                 variety of tumor cells but not in normal tissues, with the exception of stomach                    
                 tissue.  See id., pages 8-9.  “MN antigen was found by immunohistochemical                         
                 staining to be prevalent in tumor cells. . . .  Thus, the MN gene is strongly                      
                 correlated with tumorigenesis and is considered to be a putative oncogene.”  Id.,                  
                 page 9.                                                                                            
                       The specification discloses that  “[a]ntisense nucleic acid sequences                        
                 substantially complementary to mRNA transcribed from MN genes . .  can be                          
                 used to reduce or prevent expression of the MN gene. . . .  Such antisense                         
                 nucleic acid sequences, preferably oligonucleotides, by hybridizing to the MN                      
                 mRNA, particularly in the vicinity of the ribosome binding site and translation                    
                 initiation point, inhibits [sic] translation of the mRNA.  Thus, the use of such                   
                 antisense nucleic acid sequences may be considered to be a form of cancer                          
                 therapy.”  Pages 92-93.                                                                            
                       The specification discloses that non-tumorigenic (CGL1) cells1 that were                     
                 transfected with full-length MN cDNA had increased proliferation rates and                         
                 plating efficiency.  See pages 64-65.  By contrast, when MN-expressing                             
                 tumorigenic (CGL3) cells2 were transfected with an MN antisense construct, “the                    
                 effect was the opposite of that of the CGL1 cells transfected with the ‘sense’                     
                                                                                                                    
                 1 See page 121, line 8 (“non-tumorigenic hybrid clone CGL1”).                                      
                 2 See page 121, lines 6-7 (“Detected was a 1.5 kb MN-specific mRNA only in two tumorigenic         
                 segregant clones--CGL3 and CGL4.”).                                                                





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