Appeal No. 1996-2009
Application No. 07/982,193
two inverted terminal repeats [ITRs] of adeno-associated
virus [AAV] between which resides at least one cassette
comprising a promoter operably linked to a heterologous
gene. Importantly, the promoter is capable of affecting
cell-specific expression of the heterologous gene (see
Specification, p. 17, lines 1-2).
According to the examiner (Examiner's Answer, p. 4),
the primary reference, Lebkowski, discloses
expression vectors for site-specific integration
comprising two inverted terminal repeats of adeno-
associated virus (AAV) and a cassette comprising a
promoter (CMV or MSV promoter) operably linked to a
heterologous gene (cat or neo), and wherein the
cassette resides between the [ITRs] (see Abstract
and Figure 1, for example).
Lebkowski's expression vector differs from the claimed
expression vector only in that Lebkowski does not
disclose a promoter capable of effecting cell-specific
expression of the heterologous gene. Lebkowski teaches
p40 instead, which is a promoter for AAV.
Recognizing that appellant's "invention differs from
[Lebkowski] in that appellant uses a cell specific
promoter to provide cell-specific gene expression"
(Examiner's
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