Ex Parte Short - Page 10



          Interference No. 105,188                                                    
          Short v. Punnonnen                                                          
          variants having an enhanced ability to modulate an immune                   
          response induced by a genetic vaccine vector and having altered             
          activity through CTLA4 and/or CD28 as compared to a predecessor             
          B7-2 molecule, e.g., natural or wild-type B7-2.  The new                    
   5      polynucleotides obtained in accordance with the procedures                  
          described in the Freeman PCT may encode proteins which upregulate           
          immune responses by either inhibiting delivery of a costimulatory           
          signal to T cells or enhancing delivery of a costimulatory signal           
          to T cells.  The altered B7-2 antigens include soluble,                     
  10      multivalent forms of B7-2.  While the reference teaches that                
          enhanced delivery of stimulatory B7-2 may be useful to improve              
          the efficiency of vaccination against a variety of pathogens, it            
          also teaches that delivery of nonstimulatory B7-2 may be useful             
          to construct B7-2 “knock out” animals.  In either case, the                 
  15      procedures described by the Freeman PCT are designed to produce             
          polynucleotides that encode peptides having an altered modulatory           
          effect on an immune response as compared to the response prior to           
          alteration.                                                                 
               Whether or not each of the methods expressly described by              
  20      the Freeman PCT optimizes the modulatory effect of the encoded              
          protein is indeterminable from the teaching of the Freeman PCT.             
          We find, however, that all the methods described in the Freeman             
          PCT were designed to improve the modulatory effect of                       
                                        -10-                                          




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