Appeal No. 2001-2413
Application No. 09/167,894
provide the factual basis necessary to support the examiner’s
conclusion.
Upon the return of the application to the technology center,
the examiner may wish to consider whether the above noted
deficiency in Sadri relative to the subject matter recited in
claim 7 might be cured by prior art gene therapy techniques, such
as those exemplified by U.S. Patent No. 5,328,470 to Nabel et
al., which is of record, and/or International Application No. WO
93/09239, a copy of which is attached, thereby warranting the
entry of a new 35 U.S.C. § 103(a) rejection of this claim.
SUMMARY
The decision of the examiner to reject claims 1 and 7 is
affirmed with respect to claim 1 and reversed with respect to
claim 7.
7
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