Ex Parte CARMAN - Page 23



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


                            The examiner further finds (id.) that Uhlmann teaches “modifications to                                         
                    the bases and base linkages … increase stability and serum half-life … [in                                              
                    addition to] oligonuclotide modification to add interactive groups … and that                                           
                    target sequences … include regions of the DNA where the regulatory DNA                                                  
                    binding proteins normally bind….”  In addition, the examiner finds (Answer, page                                        
                    9) that “Inouye discloses and claims pharmaceutical compositions containing                                             
                    polynucleotide constructs with a stem … and a loop where the stem-loop                                                  
                    structure is targeted to a regulator (see for example the Inouye patent claims 1,                                       
                    15 and 16).”                                                                                                            
                            Appellant argues (Brief, page 15) that Bielinska does not suggest that                                          
                    claimed DNA fragment that includes a sequence of DNA recognized by a viral-                                             
                    specific transcription factor, and a covalent link between the complimentary                                            
                    strands of DNA.  In addition, appellant argues (id.) “the [e]xaminer has not                                            
                    presented references suggesting that such an oligonucleotide may be effective in                                        
                    inhibiting replication of the virus.”                                                                                   
                            In response, the examiner argues (Answer, page 30) this “comment is not                                         
                    persuasive in view of the combined cited references where Vickers et al. do                                             
                    indicate expectation and suggestion of inhibition of viral replication…  The                                            








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