Appeal No. 2001-1925 Page 2
Application No. 08/677,838
The examiner relies upon the following references:
Canadian Patent Application
Tackett 1,312,298 Jan. 5, 1993
Pacifici et al. (Pacifici), “Protein, Lipid and DNA Repair Systems in Oxidative
Stress: The Free-Radical Theory of Aging Revisited,” Gerontology, Vol. 37, pp.
166-180 (1991)
Claim 1 stand rejected under 35 U.S.C. § 112, first paragraph, on the
grounds that specification fails to adequately teach one skilled in the art how to
make and/or use the claimed invention. After careful review of the record and
consideration of the issue presented, the rejection is reversed.
BACKGROUND
The invention is drawn to the use of known nucleases in solution for the
reduction of wrinkles and discoloration in humans. See Specification, page 1.
According to the specification:
[T]he treatment involves altering the gene expression in human
skin cells by means of contacting the skin cells with an effective
amount of a nuclease solution containing an exogenous nuclease
(an enzyme capable of degrading extra-cellular DNA and/or RNA).
The nuclease in the nuclease solution will degrade extra-cellular
nucleic acids into nucleotides or oligonucleotides which are too
short to have substantial avidity for chromosomal DNA. This in turn
will prevent oligonucleotides and polynucleotides from binding to
the chromosome in human tissue cells, which prevents the over-
production of protein and improper production of protein by
individual cells. By altering the production of protein, wrinkles are
reduced.
Id. at 5.
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