Appeal No. 1996-2009
Application No. 07/982,193
created doctrine of obviousness-type double patenting and
reverse the examiner's decision rejecting these claims
under 35 U.S.C. ' 103.
Appealed claim 1 is the only independent claim and
is therefore representative of the claims on appeal.
1. An expression vector for site-specific
integration and cell-specific gene expression
comprising two inverted terminal repeats of adeno-
associated virus 2 and at least one cassette
comprising a promoter capable of effecting cell-
specific expression wherein said promoter is
operably linked to a heterologous gene, and wherein
said cassette resides between said inverted terminal
repeats.
The references relied upon by the examiner are:
Srivastava 5,252,479 Oct. 12, 1993
Izban et al. [Izban], "Cell-specific Expression of Mouse
Albumin Promoter," J. Biol. Chem., 1989, Vol. 264, No.
16, pp. 9171-9179.
Kim et al. [Kim], "Stable Reduction of Thymidine Kinase
Activity in Cells Expressing High Levels of Anti-Sense
RNA," Cell, 1985, Vol. 42, pp. 129-138.
Lebkowski et al. [Lebkowski], "Adeno-Associated Virus: a
Vector System for Efficient Introduction and Integration
of DNA into a Variety of Mammalian Cell Types," Mol.
Cell. Biol., 1988, Vol. 8, No. 10, pp. 3988-3996.
Lu et al. [Lu], "Characterization of Adult Human Marrow
Hematopoietic Progenitors Highly Enriched by Two-Color
Cell Sorting with MY10 and Major Histocompatibility Class
II Monoclonal Antibodies," J. Immunol., 1987, Vol. 139,
No. 6, pp. 1823-1829.
Appellant's admissions as set forth in the specification
at page 11, line 19, to page 12, line 13, and page 28,
lines 25-31.
The rejections are:
Claims 1-3, 7-10, 12, and 15-19 are rejected under the
2
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