Appeal No. 2006-0735
Reexamination Control No. 90/006,036
viral DNA into the host genome, just as the natural virus does. But the antisense
virus is non-replicative, hence non pathogenic, in the absence of the gene
product(s) that the antisense virus is missing. In the case where the antisense
virus enters a healthy cell where no viral protein is being synthesized for
functional complementation, the antisense virus will not replicate. (‘038 at col.
11:65 to 12:11).
21. The examiner reasoned that Hu anticipates the claimed invention since Hu teaches
both a therapeutic agent which is a nucleic acid (e.g., an antisense RNA or
antisense/ribozyme) and a localization signal (e.g., the native HIV viral packaging
signal), where “the ψ sequence located in the HIV-1 genome functions by guiding the
RNA form of the genome carrying the antisense/ribozyme molecule to the inner
surface of the cytoplasmic membrane where virion assembly and budding take place.”
(Answer at 6).
22. We understand the examiner to argue that Hu teaches a localization signal (i.e., the
HIV packaging signal) that inherently would cause the therapeutic agent to be
localized with the viral target in a “cellular or viral compartment of the cell”.
The Dropulic reference
23. The examiner also rejected claims 1-4, 6-10, 12, and 13 under 35 U.S.C. §102(b) as
being anticipated by a reference to “Dropulic, B., et al., 1991" that is described by the
examiner as “Abstracts of papers presented at the 1991 meeting on RNA TUMOR
VIRUSES, Cold Spring Harbor Laboratory, Cold Spring Harbor, New York”.
(Dropulic).
24. Dropulic appears to be a one page abstract entitled “RIBOSYME MEDIATED
SUPPRESSION OF HIV EPXRESSION IN TISSUE CULTURE.”
6
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