Appeal No. 1995-2611
Application 07/808,452
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 1 through
7, all the claims in the application.
Claim 1 is illustrative of the subject matter on appeal and reads as follows:
1. A viral polypeptide having site-specific viral-RNA binding, where said
polypeptide is modified to contain a moiety capable of cleaving an RNA backbone.
The references relied upon by the examiner are:
Corey et al. (Corey), "Generation of a hybrid sequence-specific single-stranded
deoxyribonuclease," Science, Vol. 238, pp. 1401-03 (1987)
Malim et al. (Malim), "Functional dissection of the HIV-1 Rev trans-activator-derivation of a
trans-dominant repressor or Rev function," Cell, Vol. 58, pp. 205-14 (1989)
Ebright et al. (Ebright), "Conversion of a helix-turn-helix motif sequence-specific DNA
binding protein into a site-specific DNA cleavage agent," Proc. Nat’l Acad. Sci., Vol. 87,
pp. 2882-86 (1990)
Weeks et al. (Weeks), "Fragments of the HIV-1 Tat protein specifically bind Tar RNA,"
Science, Vol. 249, pp. 1281-85 (1990)
Claims 1 and 3 stand rejected under 35 U.S.C. § 112, first paragraph, as being
non-enabled. The examiner does not rely upon any evidence in support of this rejection.
Claims 1 through 7 stand rejected under 35 U.S.C. § 103. As evidence of obviousness,
the examiner relies upon Weeks, Malim, Ebright, and Corey. We reverse both rejections.
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