Appeal No. 2003-2091 Page 2
Application No. 09/266,465
polypeptide wherein said first nucleic acid is under transcriptional control
of said first promoter.
2. The expression construct of claim 1, wherein said proapoptotic Bcl-2 gene
is a Bax, Bak, Bim, Bik, Bid, or Bad gene.
3. The expression construct of claim 1, further comprising a second nucleic
acid encoding a second transgene.
9. The expression construct of claim 3, wherein said second gene encodes a
protein selected from the group consisting of a tumor suppressor, a
cytokine, a receptor, inducer of apoptosis, and differentiating agents.
The examiner relies on the following references:
June et al. (June) 6,143,291 Nov. 7, 2000
Zhang et al. (Zhang) 6,194,191 Feb. 27, 2001
Lillie et al. (Lillie), “Transcription activation by the adenovirus E1a protein,” Nature,
Vol. 338, pp. 39-44 (1989)
Kaufman, “Vectors used for expression in mammalian cells,” Methods in Enzymology,
Vol. 185, pp. 487-511 (1990)
Oligino et al. (Oligino), “In vivo transgene activation from an HSV-based gene therapy
vector by GAL4:VP16,” Gene Therapy, Vol. 3, pp. 892-899 (1996)
Wang et al. (Wang), “Positive and negative regulation of gene expression in eukaryotic
cells with an inducible transcriptional regulator,” Gene Therapy, Vol. 4, pp. 432-441
(1997)
Claims 1-3, 6, 17-21, 23, 29-32, 34, and 36 stand rejected under 35 U.S.C.
§ 102(e) as anticipated by Zhang.
Claims 7, 108, 109, and 115 stand rejected under 35 U.S.C. § 103 as obvious:
• claim 7 in view of Zhang and June;
• claims 108 and 109 in view of Zhang, combined with any one of Oligino,
Wang, or Lillie, and Kaufman; and
• claim 115 in view of Zhang and Oligino.
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