Ex Parte CARMAN - Page 2



                Appeal No. 1997-2510                                                                            
                Application No. 07/868,539                                                                      

                       Claims 1 and 6 are illustrative of the subject matter on appeal and are                  
                reproduced below:                                                                               
                       1. A method of inhibiting replication of a virus in an infected cell in vivo,            
                          comprising                                                                            
                             selecting a DNA fragment having (i) a first region having 6-30                     
                          bases whose sequence corresponds to a sequence of DNA                                 
                          recognized by a viral-specific transcription factor, (ii) a second region             
                          having a sequence of nucleotides complementary to said first region,                  
                          when said first and second regions are positioned in an anti-parallel                 
                          configuration, and (iii) joining said first and said second regions in a 5’           
                          to 3’ direction, a tetranucleotide sequence X1X2X3X4, where X1 is U or                
                          T, and X2 is U, T, G, A or C, and X3 is C, and X4 is G (SEQ ID NO: 14);               
                          or X1 is G, and X2 is U, T, G, A or C, and X3 is G or A, and X4 is A                  
                          (SEQ ID NO: 15); or X1 is C, and X2 is U or T, and X3 is U or T, and X4               
                          is G (SEQ ID NO: 16), and                                                             
                             introducing the fragment into the cell in an amount sufficient to                  
                          inhibit replication of the virus in the cell.                                         
                       6. A pharmaceutical composition for treating a virus infection, comprising               
                          a pharmaceutical excipient containing a DNA fragment having (i) a first               
                          region having a 5’ terminus and a 3’ terminus, said region having 6-30                
                          bases whose sequence corresponds to a sequence of DNA                                 
                          recognized by a viral-specific transcription factor, (ii) a second region             
                          having a 5’ terminus and a 3’ terminus, said region having a sequence                 
                          of nucleotides complementary to said first region when said first and                 
                          second regions are positioned in an anti-parallel configuration, and (iii)            
                          a covalent link between the 5’ terminus of one region and the 3’                      
                          terminus of the other region.                                                         
                       The references relied upon by the examiner are:                                          
                Kaji                           4,689,320                Aug. 25, 1987                        
                Summerton et al. (Summerton) 5,142,047                     Aug. 25, 1992                        
                Inouye                          5,208,149                May    4, 1993                       
                Metzler, “Biochemistry:  The Chemical Reactions of Living Cells,” Academic                      
                Press Inc., p. 103 (1977)                                                                       
                Snedecor et al. (Snedecor), “Statistical Methods,” Iowa State University                        
                Press/Ames, 8th Edition, pp. 10-13, 26-37 (1989)                                                
                Uhlmann et al. (Uhlmann), ”Antisense Oligonucleotides :  A New Therapeutic                      
                Principle,” Chemical Reviews, Vol. 90, No. 4, pp. 544-579 (1990)                                

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