Interference 104,066
2006, p. 1187, col. 2, lines 4-6.3 However, researchers later observed that p53
deletions and mutations were present in numerous human cancers and realized that
the wild-type p53 gene is actually a tumor suppressor gene which acts to suppress
oncogenesis. See the ‘220 patent, col. 4, line 66-col. 5, line 2; col. 5, lines 40-49;
LX2006, p. 1187, col. 1, lines 1-8; col. 2, lines 10-13; LX2010, p. 705, col. 1, para. 1.
Today, of the approximately 6.5 million cancer cases worldwide, researchers estimate
that 2.4 million contain a p53 gene mutation. LX 2006, p. 1187, col. 1, lines 7-9. Thus,
the goal of the present invention is to express a wild-type p53 tumor suppressor gene in
a mammalian cancer cell which lacks said gene function and to inhibit cellular
proliferation (i.e., suppress the neoplastic phenotype). LX 2003, p. 924, cols. 1-3;
LX 2006, p. 1187, col. 1, lines 1-3.
II. The Count
The subject matter of the interference is defined by a single count, Count 1,
which reads as follows:
A method of treating mammalian cancer cells lacking endogenous wild-
type p53 protein, comprising introducing a wild-type p53 tumor suppressor gene
encoding said endogenous wild-type p53 protein into said mammalian cancer
cells, whereby said mammalian cancer cells’ neoplastic phenotype is
suppressed.
3 Lee’s Principal Brief for final hearing (Paper No. 108) will be referred to as LB.
The Lee record and exhibits will be referred to as LR and LX, respectively, followed by
the appropriate page number.
3
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