Ex Parte ZAVADA et al - Page 1




                           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                                  for publication and is not binding precedent of the Board.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. 53                   
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                   
                                                   __________                                                       
                             BEFORE THE BOARD OF PATENT APPEALS                                                     
                                           AND INTERFERENCES                                                        
                                                   __________                                                       
                               Ex parte JAN ZAVADA, SILVIA PASTOREKOVA and                                          
                                              JAROMIR PASTOREK                                                      
                                                   __________                                                       
                                              Appeal No. 2001-1970                                                  
                                            Application No. 08/260,190                                              
                                                   __________                                                       
                                                    ON BRIEF                                                        
                                                   __________                                                       
                 Before WILLIAM F. SMITH, SCHEINER, and GRIMES, Administrative Patent                               
                 Judges.                                                                                            
                 GRIMES, Administrative Patent Judge.                                                               
                                             DECISION ON APPEAL                                                     
                       This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                       
                 final rejection of claims 30, 32, 35-37, and 39-48, all of the claims remaining.                   
                 Claims 30, 32, and 36 are representative and read as follows:                                      
                       30.     A method of treating neoplastic disease and/or pre-neoplastic                        
                 disease in a vertebrate, wherein said disease is associated with abnormal MN                       
                 gene expression comprising inhibiting the expression of MN gene by                                 
                 administering a MN antisense oligonucleotide in a physiologically acceptable                       
                 carrier, wherein said MN antisense oligonucleotide is complementary to SEQ ID                      
                 NO: 5.                                                                                             
                       32. A method according to Claim 30 wherein said MN antisense                                 
                 oligonucleotide is complementary to the 5’ end of the mRNA that is transcribed                     
                 from the complement of SEQ ID NO: 5.                                                               






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