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for publication and is not binding precedent of the Board.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. 45
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte VICTOR J. DZAU,
GARY H. GIBBONS, and
RYUICHI MORISHITA
__________
Appeal No. 2001-0490
Application No. 08/524,206
__________
ON BRIEF
__________
Before WILLIAM F. SMITH, ADAMS, and GRIMES, Administrative Patent
Judges.
ADAMS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the final
rejection of claims 1, 3, 5-8, 13 and 14, all the claims pending in the application.
Claim 1 is illustrative of the subject matter on appeal and is reproduced
below:
1. A method of modulating gene transcription in vivo within mammalian
cells, said method comprising:
administering to a mammal a composition comprising dsDNA
having a sequence specific for binding to a transcription factor which
modulates the transcription of at least one gene,
whereby said dsDNA is introduced into the nuclei of said cells in an
amount sufficient to competitively inhibit the binding of said
transcription factor to said gene,
whereby the transcription of said gene is modulated.
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