The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper No. 13
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte LINDSAY SCHWARZ, VERNON KNIGHT
and JENNIFER L. JOHNSON
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Appeal No. 1999-1231
Application No. 08/709,554
__________
ON BRIEF
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Before WINTERS, WILLIAM F. SMITH and SCHEINER, Administrative Patent Judges.
SCHEINER, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. ' 134 from the final rejection of claims 1-17.
Claims 1 and 17 are representative of the subject matter on appeal:
1. A method of increasing the cellular expression of a gene in a biological tissue
in an animal to treat a pathophysiological state in said animal, comprising the steps of:
administering to said animal a vector adapted to express said gene in said
tissue, wherein said gene is under control of a promoter that does not have a
glucocorticoid response element and wherein expression of said gene treats a
pathophysiological state in said animal; and
administering to said animal a pharmacologically effective dose of a
glucocorticoid in an amount sufficient to increase the cellular expression of said gene,
wherein said increase in said expression of said gene in said tissue enhances said
treatment of a pathophysiological state in said animal.
17. A method of enhancing treatment of a pathophysiological state in a human
by increasing cellular expression of a gene, comprising the steps of:
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