Appeal No. 2003-1792
Application No. 09/434,598
wherein, after introduction of the nucleic acid molecules, each cell comprises the
first reporter gene, a second reporter gene, and a targeting gene, wherein the first
reporter gene encodes a fusion protein comprising a protein of interest and a first
reporter protein, wherein the second reporter gene encodes a second reporter protein,
wherein the protein of interest is encoded by the RNA of interest, wherein the targeting
gene encodes an affector RNA molecule comprising a targeting sequence, wherein
each nucleic acid molecule in the set is the same except for the encoded affector RNA
molecule, wherein (1) the affector RNA molecule encoded in each nucleic acid
molecule in the set is targeted to a different site on the RNA molecule of interest or to a
different site in the portion of the first reporter gene encoding the RNA molecule of
interest, or (2) the targeting sequence of the affector RNA molecule in each nucleic acid
molecule is degenerate or partially degenerate,
(b) identifying those cells from step (a) that both express the second reporter
protein and exhibit reduced expression of the first reporter protein, and
(c) identifying the affector RNA molecules encoded by the nucleic acid molecules
present in the cells that both express the second reporter protein that exhibit reduced
expression of the first reporter protein.
The prior art references cited by the examiner are:
George et al (George)1 WO 96/21731 July 18, 1996
Milligan et al. (Milligan),”Current Concepts in Antisense Drug Design,” J. of Med.
Chem., Vol. 36, No. 14, pp. 1923-1937 (1993)
Grounds of Rejection
Claims 34, 35 and 37 stand rejected under 35 U.S.C. §102(b), as anticipated by
George.
Claim 36 stands rejected under 35 U.S.C. §103(a), as obvious over George in
view of Milligan.
We affirm these rejections.
Claim Grouping
1 Throughout the prosecution history, the examiner mistakenly refers to this publication as Shaji,
et al. We refer to this international publication by its appropriate first author, as “George.”
2
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