Ex Parte FORSTOVA et al - Page 2


                  Appeal No. 1998-0667 Page 2                                                                                                      
                  Application No. 081280,306                                                                                                       
                          Claims I,2, 6, 18, and 29 are representative of the subject matter on appeal and                                         
                  read as follows:                                                                                                                 
                          1. A method of transferring material into a host cell comprising                                                         
                          providing a pseudocapsid formed from a papovavirus major capsid antigen and                                              
                  excluding minor capsid antigens, which pseudocapsid has exogenous material                                                       
                  associated therewith; and                                                                                                        
                          treating the host cell with the pseudocapsid so that the material is taken up by                                         
                  the cell and is biologically functional in that cell.                                                                            

                          2. A method as claimed in claim 1 wherein the biological functioning of the                                              
                  exogenous material in the host cell has a therapeutic effect on a multi-cellular organism                                        
                  contair~ing tkat cell.                                                                                                           

                          6. A pseudocapsid formed from papovavirus major capsid antigen and excluding                                             
                  minor capsid antigens, which pseudocapsid has exogenous material associated                                                      
                  therewith; but excluding pseudocapsids associated with exogenous genetic material                                                
                  and no other exogenous material when the pseudocapsid is formed from only the                                                    
                  mouse polyoma virus major capsid antigen VPI.                                                                                    

                          18. A method of making a pseudocapsid comprising providing an empty                                                      
                  pseudocapsid formed from papovavirus major capsid antigen and excluding minor                                                    
                  capsid antigens; providing exogenous material; and mixing the empty pseudocapsid                                                 
                  and exogenous material whereby the exogenous material becomes associated with the                                                
                  empty pseudocapsids; but excluding a method in which exogenous genetic material is                                               
                  associated with an empty pseudocapsid formed from only the mouse polyoma virus                                                   
                  major capsid antigen, VP1.                                                                                                       

                          29. A pseudocapsid formed from papovavirus major capsid antigen and                                                      
                  excluding minor capsid antigens, which pseudocapsid has exogenous material                                                       
                  associated therewith, wherein the pseudocapsid transfers the exogenous material into                                             
                  a host cell so that the material is taken up by the cell and is biologically functional in the                                   
                  cell.                                                                                                                            










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