Ex parte COOK - Page 3




                 Appeal No. 1995-2831                                                                                                                   
                 Application No. 07/908,376                                                                                                             


                 We make reference to the examiner’s answer (Paper No. 18, mailed November 1, 1994) for the                                             

                 examiner’s reasoning in support of the rejection and to the appellant’s brief (Paper No. 16, filed August                              

                 22, 1994) for the appellant’s arguments thereagainst.                                                                                  

                                                                 THE INVENTION                                                                          

                          Appellant’s claimed invention is directed to oligonucleotides which are conjugated to at least                                

                 one sugar phosphate moiety which is independent of a nucleotide unit (claim 53), a composition for                                     

                 binding to an RNA, a DNA, a protein or a peptide which comprises the conjugated oligonucleotide                                        

                 described in claim 53 and an acceptable pharmaceutical carrier (claim 54), and a probe for determining                                 

                 the presence of a target DNA or RNA sequence which comprises the conjugated oligonucleotide                                            

                 described in claim 53 (claim 55).  Claims 9 and 26 specify selected sugar phosphate moieties.  [Brief,                                 

                 page 1, last paragraph - page 2, first full paragraph.]                                                                                

                                                                      OPINION                                                                           

                          Lemaitre describes conjugates of a polypeptide (i.e., poly(L-lysine)) and an oligonucleotide                                  

                 (i.e., antisense oligodeoxyribonucleotide sequence) used to deliver antisense sequences to intact cells,                               

                 thereby promoting a specific and efficient antiviral activity.  Little is known about the pathway of their                             

                 internalization.  Lemaitre states that oligonucleotide could conceivably be conjugated to other                                        

                 polypeptides, thus allowing targeting of the conjugated sequences to cells bearing specific cell-surface                               

                 determinants.  [Abstract; page 652.]                                                                                                   


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