Appeal No. 2004-0456
Application No. 08/913,699
The prior art references relied upon by the examiner are:
Benoit et al. (Benoit) WO 94/25073 Nov. 10, 1994
Baer et al. (Baer) EP 0222591 May 20, 1987
Perricaudet et al. (Perricaudet) WO 95/02697 Jan. 1995
McLean, et al. (McLean), “Human lecithin-cholesterol acetyltransferase gene: complete
gene sequence and sites of expression,” Nucleic Acids. Research, Vol. 14, No. 23,
pp. 9397-9406 (1986)
Jolly, D., “Viral Vector Systems for Gene Therapy,” Cancer Gene Therapy, Vol. 1, No.
1, pp. 51-64 (1991)
Grounds of Rejection
Claims 38, 43-45, 48-50, 55 and 56 stand rejected under 35 U.S.C. 103(a), as
obvious over Benoit in view of Baer and McLean.
Claims 38, 43, 45, 46 and 51 stand rejected under 35 U.S.C. 103(a), as obvious
over Benoit in view of Baer and McLean in further view of Perricaudet.
Claims 38 and 52-54 stand rejected under 35 U.S.C. 103(a), as obvious over
Benoit in view of Baer and McLean in further view of Jolly.
We reverse these rejections.
DISCUSSION
35 U.S.C. § 103(a)
Claims 38, 43-45, 48-50, 55 and 56 stand rejected under 35 U.S.C. 103(a), as
obvious over Benoit in view of Baer and McLean.
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