Appeal No. 2001-0407 Page 17
Application No. 08/460,215
composition for treating cyst formation associated with APKD, said composition
comprising an isolated PKD1 gene having the DNA sequence of SEQ ID NO:1,
its complement, or fragments thereof, and a pharmaceutically acceptable carrier
or diluent.” As discussed above, the intended use language in claim 45 does not
limit the scope of the claimed composition.
On return of this application, the examiner should consider whether the
composition of instant claims 45-47 is the same as, or is not patentably distinct
from, the compositions claimed in the ‘717 patent. If the composition is the same
or is not patentably distinct, a rejection for statutory or obviousness-type double
patenting would be appropriate.
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