Ex parte PAVLAKIS et al. - Page 5



              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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