Appeal No. 2007-0531 Page 9
Application No. 10/341,679
4. VEGF “can also be employed to repair vascular damage
following myocardial infarction and to circumvent the need for
coronary bypass surgery by stimulating the growth of a
collateral circulation.” Column 13, lines 24-28.
5. VEGF can be directly injected “to the site of damaged cardiac
muscle.” Column 13, lines 31-32.
6. that VEGF can be applied in conjunction with procedures that
compress atherosclerotic plaques. Column 12, lines 48-52.
Tischer does not:
1. teach replication-deficient adenovirus constructs
comprising VEGF121.
2. teach injection of a replication defective recombinant
adenoviral vector comprising VEGF121 DNA directly to the
internal surface of the heart. We do not interpret
Tischer’s disclosure of injection to the site of damaged
cardiac muscle to mean inject VEGF121 on the inside
surface of the heart.
Isner teaches:
1. “nucleic acid . . . capable of expressing an angiogenic protein (a
protein capable of inducing angiogenesis . . .), when injected
into ischemic tissue, induces angiogenesis. . . .” Column 2,
lines 41-46.
2. “a method for treating ischemic tissue [(including ischemic
cardiomyopathy and myocardial ischemia)] in a mammal which
comprises injecting said tissue with an effective amount of a
nucleic acid capable of expressing an angiogenic protein.”
Column 2, lines 50-53.
3. “the term ‘angiogenic protein’ means any protein, polypeptide,
mutein or portion that is capable of, directly or indirectly,
inducing the formation of new blood vessels. Such proteins
include, for example . . . VEGF . . . ” and more particularly,
human VEGF165. Column 3, lines 9-14 and 62-66.
4. “[t]he nucleic acid can be injected at multiple sites throughout
the ischemic tissue.” Column 6, lines 27-28.
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