Appeal No. 2003-0554 Page 2
Application No. 09/575,554
Bos et al. (Bos) 4,871,838 Oct. 3, 1989
Hall et al. (Hall), “Human N-ras: cDNA cloning and gene structure,” Nucleic Acids
Research, Vol. 13, No. 14, pp. 5255-5268 (1985)
Inoue et al. (Inoue), “Sequence-dependent hydrolysis of RNA using modified
oligonucleotide splints and RNase H,” FEBS Letters, Vol. 215, No. 2, pp. 327-
330 (1987)
Agrawal et al. (Agrawal), “Site-specific excision from RNA by RNase H and
mixed-phosphate-backbone oligodeoxynucleotides,” Proc. Natl. Acad. Sci. USA,
Vol. 87, pp. 1401-1405 (1990)
Daaka et al. (Daaka), “Target Dependence of Antisense Oligodeoxynucleotide
Inhibition of c-Ha-ras p21 Expression and Focus Formation in T24-Transformed
NIH3T3 Cells,” Oncogene Research, Vol. 5, pp. 267-275 (1990)
Uhlmann et al. (Uhlmann), “Antisense Oligonucleotides: A New Therapeutic
Principle,” Chemical Reviews, Vol. 90, No. 4, pp. 543-584 (1990)
Saison-Behmoaras et al. (Saison-Behmoaras), “Short modified antisense
oligonucleotides directed against Ha-ras point mutation induce selective
cleavage of the mRNA and inhibit T24 cells proliferation,” EMBO J., Vol. 10,
No. 5, pp. 1111-1118 (1991)
GROUND OF REJECTION
Claims 1 and 7-20 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness the examiner relies on Bos, Daaka, Hall and Saison-Behmoaras,
Uhlmann, Agrawal, Inoue and Smith1.
We reverse.
DISCUSSION
1 The examiner failed to identify this reference as part of the “Prior Art of Record.” See Answer,
pages 3-4. We were also unable to locate a copy of this reference in the administrative file.
Nevertheless, for the purposes of this opinion, we rely on the examiner’s characterization of the
Smith reference. See Answer, page 7. Prior to any further action, we encourage the examiner to
review the administrative file to insure that it is complete.
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