Appeal No. 1995-2723
Application 07/858,747
the ability of the mRNA to be expressed would be such effects. The method comprises the
steps of providing a gene which encodes an mRNA, identifying the INS within the gene
which encodes the INS within the coding region of the mRNA, mutating the INS within the
gene by making multiple point mutations, transfecting the mutated gene into a cell, culturing
the cell in a manner to cause expression of the gene and detecting the level of expression
of the gene to determine whether the effect of the INS within the coding region of the
mRNA has been reduced. Claim 6 depends from claim 1 or 2 and further limits the
method by requiring that the change to the codons of the gene are such that the amino acid
sequence encoded by the mRNA is unchanged. Claim 10, similarly depends from claims
1 or 2 and provides that the mRNA encodes the GAG protein of a Rev-dependent complex
retrovirus.
The rejection under 35 U.S.C. § 103
Claims 1-11 stand rejected under 35 U.S.C. § 103 as being obvious over Schwartz
in view of Wisdom, further in view of Kunkel and Hatfield.
The examiner has relied upon Schwartz as teaching (Answer, page 5):
[m]ethods of identifying RNA sequences in the Gag region of HIV-1 which
decreases RNA stability and inhibit expression via deletion analysis wherein
the inhibitory/instability sequences is (sic, are) detected by fusing a reporter
gene (CAT construct), transfecting the reporter constructs into cells (see
page 151, column 2, second paragraph) then detecting the level of
expression of the reporter gene containing the inhibitory/instability
sequences (see figure 3A-C). Schwartz et al. teaches that altering these
inhibitory/instability sequences by deletion result in stable mRNA.
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