Appeal No. 2001-0766 Page 2
Application No. 08/483,941
The References
In rejecting the appealed claims under 35 U.S.C. ' 103, the examiner
relies on the following prior art references:
McKnight, AThe nucleotide sequence and transcript map of the herpes simplex
virus thymidine kinase gene,@ Nucleic Acids Research, Vol. 8, No. 24, pp. 5949-
5964 (1980)
Kaster et al.(Kaster), AAnalysis of a bacterial hygromycin B resistance gene by
transcriptional and translational fusions and by DNA sequencing,@ Nucleic Acids
Research, Vol. 11, No. 19, pp. 6895-6911 (1983)
Sugden et al. (Sugden), AA Vector That Replicates as a Plasmid and Can Be
Efficiently Selected in B-Lymphoblasts Transformed by Epstein-Barr Virus,@
Molecular and Cellular Biology, Vol. 5, No. 2, pp. 410-413 (1985)
Borrelli et al. (Borrelli), ATargeting of an inducible toxic phenotype in animal cells,@
Proceedings of the National Academy of Sciences, Vol. 85, pp. 7572-7576 (1988)
Germann et al. (Germann), AExpression of a Multidrug Resistance-Adenosine
Deaminase Fusion Gene,@ Journal of Biological Chemistry, Vol. 264, No. 3,
pp. 7418-7424 (1989)
Moolten et al. (Moolten), ACurability of Tumors Bearing Herpes Thymidine Kinase
Genes Transferred by Retroviral Vectors,@ Journal of the National Cancer Institute,
Vol. 82, No. 4, pp. 297-300 (1990)
Deliberations
Our deliberations in this matter have included evaluation and review of the
following materials:
(1) the instant specification, including claims 1-6, 11, 16, 26 and 36;
(2) appellant=s Brief on Appeal, received February 26, 1998 (certificate of
mailing February 23, 1998), and appellant=s Reply Brief, received July 27, 1998
(certificate of mailing July 23, 1998);
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