Ex parte JOLICOEUR - Page 2



              Appeal No. 1996-1748                                                                                      
              Application 07/747,670                                                                                    



                     (b) a surrogate promoter and surrogate tissue-specific enhancer operatively linked to              
              said HIV DNA; and                                                                                         
                     (c) a polyadenylation signal operatively linked to said HIV DNA.                                   

                     17.  A process for preparing a DNA for expression of a non-infectious, substantially               
              complete HIV RNA, wherein said DNA comprises a complete HIV genome except in having                       
              deleted therefrom the 5'-LTR, a portion of the 5' leader and a portion of the 3'-LTR, said process        
              comprising:                                                                                               
                     (a) providing in a first DNA fragment a non-infectious HIV DNA which is a complete HIV             
              genome except in having deleted therefrom the 5'-LTR sequence, a portion of the 5' leader                 
              sequence and a portion but not all of the 3'-LTR;                                                         
                     (b) operably linking to the 5' end of said HIV genome a surrogate promoter and a                   
              surrogate tissue-specific enhancer comprised in a second DNA fragment;                                    
                     (c) operably linking to the 3' and of said HIV genome a polyadenylation signal comprised           
              in a third DNA fragment; and                                                                              
                     (d) ligating said operably linked fragments of (a), (b), and (c) into a vector for expression      
              of said non-infectious HIV genome in a cell.                                                              

                     The references relied upon by the examiner are:                                                    
              Leder et al. (Leder)               4,736,866            Apr. 12, 1988                                     
              Southern et al. (Southern), “Transformation of Mammalian Cells to Antibiotic Resistance with a            
              Bacterial Gene Under Control of the SV40 Early Region Promoter,” Journal of Molecular and                 
              Applied Genetics, Vol. 1, pp. 327-41 (1982).                                                              
              Ratner et al. (Ratner), “Complete nucleotide sequence of the AIDS virus, HTLV-III,” Nature, Vol.          
              313, pp. 277-84 (Jan. 1985).                                                                              
              Fisher et al. (Fisher), “A molecular of HTLV-III with biological activity,” Nature, Vol. 316,             
              pp. 262-65 (July 1985).                                                                                   



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