Appeal No. 2002-1251 Page 3
Application No. 08/459,340
The specification defines “catalytically critical sites” to “include sites which,
if altered from a ribonucleotide or a NAA to a deoxyribonucleotide, substantially
reduces or even eliminates catalytic activity.” Page 13. A “substantial” reduction
in catalytic activity in turn is defined as a “reduction which limits the usefulness of
the nucleozyme as a catalyst in vitro or in vivo.” Id. The specification describes
how to identify catalytically critical sites in a given nucleozyme and discloses that,
for example, “[t]he hammerhead nucleozyme has four catalytically critical sites
which are the G9, G12, A13 and A29 positions” shown in the application’s Figure
1. Specification, page 14.
Finally, the specification discloses that nucleozymes also “may be used as
therapeutic agents introduced in vivo due to their resistance to chemical and
enzymatic degradation.” Page 6. Thus, “[a] nucleozyme may be provided in a
pharmaceutical composition. The pharmaceutical composition would include at
least one nucleozyme and a pharmaceutically acceptable carrier.” Id.
Discussion
1. Written description
The examiner rejected all of the claims on the basis that the specification
did not adequately describe the claimed “pharmaceutical composition.” The
examiner reasoned that
The specification as filed fails to teach any compositions which
would provide for the in vivo (whole organism) delivery of
ribozymes such that the ribozyme can find its target and cleave the
target in vivo. The specification is wholly prophetic in this regard
and fails to teach any compositions per se which would function as
claimed.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007