Appeal No. 1999-1330
Application No. 08/527,373
The references relied on by the examiner are:
Nabeya et al. (Nabeya), “The Mutational Status of p53 Protein in Gastric Cancer Cell
Lines Predicts Sensitivity to Chemotherapeutic Agents,” Proceedings of the American
Association for Cancer Research, Vol. 35, (abstract 3591), p. 602 (March 1994)
Liu et al. (Liu), “Growth Suppression of Human Head and Neck Cancer Cells by the
Introduction of a Wild-Type p53 Gene via a Recombinant Adenovirus,” Cancer
Research, Vol. 54, pp. 3662-3667 (July 1994)
Wills et al. (Wills), “Development and Characterization of Recombinant Adenoviruses
Encoding Human p53 for Gene Therapy of Cancer,” Human Gene Therapy, Vol. 5, pp.
1079-1088 (September 1994)
Orkin et al. (Orkin)1, “Report and Recommendations of the Panel to Assess the NIH
Investment in Research on Gene Therapy,” NIH Report and Recommendation,
(December 1995)
The reference relied on by appellants is listed below:
Jung et al. (Jung), “Mutations in the p53 Gene in Radiation-sensitive and -resistant
Human Squamous Carcinoma Cells,” Cancer Research, Vol. 52, pp. 6390-6393 (1992)
Grounds of Rejection
Claims 1 - 11 stand rejected under 35 U.S.C. § 112, first paragraph, as being
based on a non-enabling disclosure for the breadth of the claimed invention. As
evidence, the examiner relies on Orkin.
Claims 1 - 11 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies upon Wills, Liu, and Nabeya.
1 We note that this reference was published subsequent to the filing date of the
application.
2
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