Interference No. 105,188
Short v. Punnonnen
view of the combined teachings of the Freeman PCT, the Short PCT,
and Stemmer. Accordingly, on remand of Punnonen’s Application
09/724,869, we recommend that further action be taken consistent
with our conclusion.
5 Discussion
1. Claim 47 of Punnonen’s Application 09/724,869
Punnonen’s Claim 47 (Paper No. 181, p. 18) is reproduced
below:
10 Claim 47
A method for obtaining an immunomodulatory
polynucleotide that has an optimized modulatory effect
on an immune response as compared to the response prior to
optimization, or encodes a polypeptide that has an optimized
15 modulatory effect on an immune response as compared to the
response prior to optimization, the method comprising:
a) creating a library of recombinant polynucleotides;
and
20
b) screening the library to identify an optimized
recombinant polynucleotide that has, or encodes a
polypeptide that has, a modulatory effect on the immune
response induced by a vector;
25
wherein the optimized recombinant polynucleotide or the
polypeptide encoded by the recombinant polynucleotide
exhibits an enhanced ability to modulate an immune response
compared to a polynucleotide from which the library was
30 created; wherein said optimized modulatory effect on an
immune response is induced by a genetic vaccine vector,
wherein the optimized recombinant polynucleotide encodes a
co-stimulator selected from B7-1 (CD80) or B7-2 (CD86) and
the screening step involves selecting variants with altered
35 activity through CD28 or CTLA-4, and whereby optimization is
achieved by recursive sequence recombination.
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