Appeal No. 2001-0759
Application 08/809,186
translocation are provided which act as non-steroidal therapeutics which mimic steroid
activity. Id.
The specification indicates that the functional relationship between vpr function
and the glucocorticoid receptor transcriptional pathway is supported by several lines of
evidence. Specification, pages 24-26. Glucocorticoids are known to have widespread
immunosuppressive effects, and long term exposure of lymphocytes to glucocorticoids
induces cell death. Specification, page 25. In example 1 of the specification, when
added to a culture of rhabdomyosarcoma cells, vpr protein induced growth arrest and
cellular differentiation. Specification, page 45.
35 U.S.C. § 112, first paragraph
Claims 14, 15, 17, 21, 24, and 33-36 stand rejected under 35 U.S.C. § 112, first
paragraph for lack of enablement as to how to make and use the invention within the
scope of the claims. The examiner relies on Bybee, Scott, Wiedermann, Murphy,
Johnson, Benet and Levy as evidence of lack of enablement.
At the outset, we acknowledge that appellants amended claim 1 in Paper No. 141
1 Paper No. 14, filed April 30, 1999.
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