Ex parte FRESCO et al. - Page 2


                 Appeal No. 1998-2648                                                                                     
                 Application No. 08/473,888                                                                               

                         1.     An oligonucleotide containing a backbone having a polarity                                
                 associated therewith, and nucleotide bases and at least one synthetic residue                            
                 bound to the backbone, the bases and residue(s) of said oligonucleotide being                            
                 effective to bind in a sequence-specific manner to a target sequence of a duplex                         
                 polynucleotide, said oligonucleotide capable of binding in a parallel orientation                        
                 relative to a purine-rich or designated core or center strand of said duplex, said                       
                 nucleotide bases consisting essentially of pyrimidine bases and/or base analogs                          
                 thereof, and said residue(s) being substantially planar, such that when the                              
                 oligonucleotide binds to the target sequence, base triplets are formed among                             
                 each oligonucleotide base or residue and the corresponding bases of the duplex                           
                 with at least one residue binding to an inverted base pair, and each residue                             
                 conforms to the following parameters:                                                                    
                         a) the radius of the imaginary circle connecting the C1’ ends of the two                         
                            glycosyl bonds of the target base pair of the duplex polynucleotide and                       
                            the atom of the oligonucleotide backbone which is linked to the                               
                            corresponding residue of the oligonucleotide is from about 7.0 Å to                           
                            about 8.6 Å;                                                                                  
                         b) the [.Theta] value, measured from the C1’ atom bound to the base in the                              
                            core or center strand, to the atom of the oligonucleotide backbone                            
                            which is bound to the residue, is from about 53° to about 82°                                 
                         c)  the [.zeta] value indicating the angle between said imaginary circle radius                        
                            passing through the atom of the residue which is bound to the                                 
                            oligonucleotide backbone, and the bond vector between the residue                             
                            and the oligonucleotide backbone, is from –90° to about +90°; and                             
                         d)  the residue forms a total of at least two hydrogen bonds with one or                         
                            both bases of the corresponding target base pair of the duplex.                               

                         The examiner relies on the following reference:                                                  
                         Toole                WO 92/10590                  June 25, 1992                                  
                         Claims 2-5 and 11-14 sta nd rejected under 35 U.S.C. § 112, first                                
                 paragraph, as unsupported by an adequate written description.                                            
                         Claims 1-14 stand rejected under 35 U.S.C. § 112, second paragraph, as                           
                 indefinite.                                                                                              



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