Ex Parte DONG et al - Page 2





                 Appeal No. 1997-2139                                                                                                                
                 Application No. 08/114,595                                                                                                          


                          Claims 1, 7, 23, 25-27, 30 and 49 are illustrative and read as follows.                                                    

                                   1.   An adenovirus or herpes virus vector construct comprising a                                                  
                          recombinant insert including an expression region comprising an essential                                                  
                          adeno-associated virus (AAV) gene, the vector expressing an essential                                                      
                          AAV protein.2                                                                                                              

                                   7.  The vector construct of claim 1, wherein the vector is a herpes                                               
                          simplex virus (HSV), a cytomegalovirus (CMV), a pseudorabies virus                                                         
                          (PRV) or an Epstein-Barr Virus (EBV) vector .                                                                              

                                   23.  A recombinant host cell incorporating a vector construct in                                                  
                          accordance with claim 1.                                                                                                   

                                   25.  The recombinant host cell of claim 23, wherein the cell further                                              
                          includes a recombinant AAV vector integrated into its genome.                                                              

                                   26.  The recombinant host cell of claim 25, wherein the AAV vector                                                
                          includes AAV ITR [i.e., inverted terminal repeat] sequences and an                                                         
                          expression region encoding an exogenous protein.                                                                           

                                   27.  The recombinant host cell of claim 26, wherein the AAV vector                                                
                          includes an expression region encoding a full length cystic fibrosis                                                       
                          transmembrane conductance regulator (CFTR) protein.                                                                        

                                   30.  A method of producing recombinant AAV virions, comprising                                                    
                          the steps of:                                                                                                              
                                   (a)     preparing a recombinant adenovirus or herpes virus which                                                  
                                           includes a vector construct comprising an essential AAV                                                   



                          2 "The terms 'essential AAV genes' and 'essential AAV protein' are intended to refer to those                              
                 genes, and their encoded proteins, which are normally encoded by wild type AAV and are required for                                 
                 AAV replication, genome packaging and virion assembly.  Naturally, when intended for use in AAV                                     
                 production, the adenoviral or herpes virus vector will be constructed so the inserted AAV genes                                     
                 complement any essential AAV genes which have been deleted from a recombinant AAV vector to allow                                   
                 an exogenous gene, such as a therapeutically important gene, to be inserted into the AAV vector."                                   
                 [Specification, para. bridging pp. 7-8.]                                                                                            
                          "The ITR sequences are the only essential cis-acting elements for an AAV vector to mediate                                 
                 genome packaging and integration into host cells" (specification, p. 6, ll. 31-33), while "the AAV genes                            
                 (rep-lip-cap) [are] essential for replication" (specification, p. 21, l. 11).                                                       
                                                                       - 2 -                                                                         






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007