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. 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007