Appeal No. 2001-1970 Page 5
Application No. 08/260,190
construct. Whereas the transfected CGL1 cells formed colonies several times
larger than the control CGL1, the transfected CGL3 cells formed colonies much
smaller than the control CGL3 cells.” Page 65.
Finally, the specification provides a working example showing inhibition of
MN expression in vitro using either of two antisense oligonucleotides
complementary to parts of SEQ ID NO:5. See pages 118-120. The two
oligonucleotides are referred to as ODN1 (SEQ ID NO:3) and ODN2 (SEQ ID
NO:4). The specification discloses that cells treated with ODN1 showed a 40%
decrease in MN expression, while cells treated with ODN2 showed a 25-35%
decrease. See page 119.
Discussion
The claims are directed to methods of treating neoplastic disease or
inhibiting growth of tumor cells, where the disease or tumor cell growth is
associated with abnormal MN gene expression, by administering an MN
antisense oligonucleotide that is complementary to SEQ ID NO:5. SEQ ID NO:5
is the 1522-base pair, full-length MN cDNA sequence. See the specification,
page 27, lines 21-22.
The examiner acknowledged that the claims are “enabl[ed] for a method
for inhibiting the growth of a HeLa cell expressing a MN protein in vitro, the
method comprising administering a composition comprising SEQ ID NO:3 or
SEQ ID NO:4 to the cell so as to inhibit the growth of the cell.” Examiner’s
Answer, page 4. He also acknowledged that the specification provides adequate
guidance to enable those skilled in the art to determine whether a particular
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