Interference No. 105,188
Short v. Punnonnen
recombination appears to have been correct, we did not consider
the more general teachings in the Freeman PCT to obtain an
immunomodulatory polynucleotide having an optimized modulatory
effect on an immune response as compared to the response prior to
5 optimization by methods whereby optimization is achieved by
homologous sequence recombination or selecting and recycling DNA
exhibiting altered antigenic activity.
3. Short PCT
We now revisit the Short PCT. We consider the teaching of
10 the Short PCT anew in light of our finding herein that the
teaching of the Freeman PCT is much more pertinent to the subject
matter defined by Punnonen’s Claim 47 and much less deficient
than we previously had found.
The Short PCT teaches (Exh. 2050, p. 33, l. 35, to p. 35,
15 l. 17; emphasis added):
The present invention also provides a novel method for
screening variants of a parental clone or clones. If the
parental clone or clones contain two nucleotide sequences
that, when expressed together, create a phenotype, then such
20 nucleotide sequences can be altered to create populations of
variants of such nucleotide sequences. If the two variant
populations are coexpressed in a random fashion (that
is with no correlation between the specific alterations
made in the two different nucleotide sequences), then a
25 combinatorial collection of such nucleotide sequence
variants has been created. Such combinatorial collections
may be screened for the presence of phenotypes that are
unlike the parental clone or clones. Generally, the method
combines the following elements:
30
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