Ex Parte Short - Page 14



          Interference No. 105,188                                                    
          Short v. Punnonnen                                                          
                    Alternatively, the non-human homologues of B7-2 can be            
               used to construct a B7-2 “knock out” animal which has a                
               defective or altered B7-2 gene as a result of homologous               
               recombination between the endogenous B7-2 gene and altered             
   5           B7-2 genomic DNA introduced into an embryonic cell of the              
               animal.  For example, murine B7-2 cDNA can be used to clone            
               genomic B7-2 in accordance with established techniques.  A             
               portion of the genomic B7-2 DNA (e.g., such as an exon which           
               encodes an extracellular domain) can be deleted or replaced            
  10           by another gene, such as a gene encoding a selectable marker           
               which can be used to monitor integration.  Typically,                  
               several kilobases of unaltered flanking DNA (both at the               
               5' and 3' ends) are included in the vector (see e.g.,                  
               Thomas, K.R. and Capecchi, M. R. (1987) Cell 51:503 for a              
  15           description of homologous recombination vectors).  The                 
               vector is introduced into an embryonic stem cell line (e.g.,           
               by electroporation) and cells in which the induced DNA has             
               homologously recombined with the endogenous DNA are selected           
               (see e.g., Li, E. et al. (1992) Cell 69:915).  The selected            
  20           cells are then injected into a blastocyst of an animal                 
               (e.g., mouse) to form aggregation chimeras (se e.g.,                   
               Bradley, A. in Teratocarcinomas and Embryonic Stem Cells: A            
               Practical Approach, E.J. Robertson, ed. (IRL, Oxford, 1987)            
               pp. 113-152).  The chimeric embryo can then be implanted               
  25           into a suitable pseudopregnant female foster animal and the            
               embryo brought to term to create a “knock out” animal.                 
               Progeny harbouring the homologously recombined DNA in their            
               germ cells can be identified by standard techniques and used           
               to breed animals in which all cells of the animal contain              
  30           the homologously recombined DNA.  Knockout animals can be              
               characterized for their ability to accept grafts, reject               
               tumors and defend against infectious diseases and can be               
               used in the study of basic immunobiology.                              
               We have reviewed the findings at page 142, first paragraph,            
  35      of our prior decision in light of the reference’s teaching as               
          a whole (Paper No. 181).  We now find that the Freeman PCT                  
          prima facie describes a method for obtaining an optimized                   
          polynucleotide encoding a B7-2 co-stimulator variant having an              
          enhanced ability to modulate an immune response induced by a                
                                        -14-                                          




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