Appeal No. 1995-2831
Application No. 07/908,376
cation independent mannose-6-phosphate receptor that is widely distributed among cell types. [Page
12008]
The examiner bears the initial burden of establishing a prima facie case of obviousness. To
establish a prima facie case of obviousness, there must be both some suggestion or motivation to
modify the reference or combine reference teachings and a reasonable expectation of success. In re
Vaeck, 947 F.2d 488, 493, 20 USPQ2d 1438, 1442 (Fed. Cir. 1991).
According to the examiner, “the combined teachings of the references reasonably suggest that
conjugation of sugar phosphates to an oligonucleotide would facilitate entrance of the oligonucleotide
into a cell via the mannose 6-phosphate receptor for used in affecting intracellular gene expression”
(emphasis in the original, answer, page 5). However, the examiner has failed to explain how Hoflack’s
disclosure of a mannose-6-phosphate receptor in a Golgi or other vesicle inside a cell would have
provided a specific cell-surface determinant on a cell membrane for targeting of the conjugated
oligonucleotide sequences to cells bearing specific cell-surface determinants as arguably suggested by
Lemaitre or would have provided a receptor-mediated endocytosis as discussed by Leamon. The
examiner has not pointed out and we do not find were Lemaitre, Vestweber, Leamon or Hoflack
disclose or suggest that mannose-6-phosphate receptor is a cell surface receptor. Therefore, based
on this record, the examiner has not established a sufficient factual basis for concluding that the sugar
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