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for publication and is not binding precedent of the Board.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. 54
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte PATRICK DENEFLE, NICHOLAS DUVERGER,
MARINE LATTA-MAHIEU, and SANDRINE SEGURET
__________
Appeal No. 2004-0456
Application No. 08/913,699
__________
ON BRIEF
__________
Before WILLIAM F. SMITH, ADAMS, and MILLS, Administrative Patent Judges.
MILLS, 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 38 and 43-46 and 48-56, which are all of the claims pending in this
application.
Claim 38 is illustrative of the claims on appeal and reads as follows:
38. A method of stimulating cholesterol efflux in an individual comprising
administering to the individual a replication defective recombinant virus comprising a
nucleic acid sequence encoding human lecithin-cholesterol acyltransferase (LCAT)
operably linked to at least one promoter sequence, wherein the nucleic acid encoding
LCAT is expressed and the LCAT is secreted by way of an intracellular secretory
pathway in an amount effective to stimulate cholesterol efflux in the individual by
increasing high density lipoprotein-cholesterol serum concentration, and wherein said
defective recombinant virus is delivered by way of the bloodstream of said individual.
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