Appeal No. 1995-2831
Application No. 07/908,376
phosphate moiety is attached at said purine or pyrimidine base, at said phosphorus-
containing moiety, or at said sugar moiety of said oligonucleotide.
9. The oligonucleotide of Claim 53 wherein said sugar phosphate is selected
from the group consisting of mannose-6-phosphate, glucose-6-phosphate, galactose-6-
phosphate, mannose-1-phosphate, glucose-1-phosphate, galactose-1-phosphate, 6-0-
phosphoryl-"-D-mannopyranosyl-(1-2)-D-mannopyranose, 6-0-phosphoryl-"-D-
mannopyranosyl-(1-3)-mannopyranose, 6-0-phosphoryl-"-D-mannopyranosyl-(1-6)-
mannopyranose, 6-0-phosphoryl-"-D-mannopyranosyl-(1-2)-D-mannopyranosyl-(1-
2)-D-mannopyranose, and pentamannose-6-phosphate.
The references relied on by the examiner are:
Hoflack et al. (Hoflack), “Purification and Characterization of a Cation-dependent Mannose 6-
Phosphate Receptor from Murine P388D Macrophages and Bovine Liver,” 260 The Journal of
1
Biological Chemistry 22, 12008-12014 (October 5, 1985).
Leamon et al. (Leamon), “Delivery of macromolecules into living cells: A method that exploits
folate receptor endocytosis,” 88 Proceedings of the National Academy of Sciences USA 5572-
5576 (July 1991).
Lemaitre et al. (Lemaitre), “Specific antiviral activity of a poly(L-lysine)-conjugated
oligodeoxyribonucleotide sequence complementary to vesicular stomatits virus N protein mRNA
initiation site,” 84 Proceedings of the National Academy of Sciences USA 648-652 (February
1987).
Vestweber et al. (Vestweber), “DNA-protein conjugates can enter mitochondria via the protein
import pathway,” 338 Nature 170-172 (1989).
Claims 9, 26 and 53-55 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Lemaitre in view of Vestweber, Leamon and Hoflack. We REVERSE.
In reaching our decision in this appeal, we have given careful consideration to the appellant’s’s
specification and claims and to the respective positions articulated by the appellant and the examiner.
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