Appeal No. 2006-0735
Reexamination Control No. 90/006,036
involving a proteinaceous signal sequence tethered to a therapeutic nucleic acid.”
(Answer at 8).
35. The examiner states that the “skilled artisan would reasonably conclude that the
applicants were not in possession of the claimed invention at the time of filing.
(Answer at 8).
36. The ‘038 specification states that:
Localization signals include any proteinaceous or nucleic acid component which
naturally becomes localized in the desired compartment....”
(‘038 at 3:8-10), and
Antiviral agents can be targeted to virally important intracellular locations by use
of artificially evolved RNAs and/or protein decoys....These evolved molecules are
selected to bind to a viral protein and may be used to colocalize a selected
inhibitor with a viral target by tethering the inhibitor to such a decoy.
(‘038 at 4:19-25).
37. The patentee notes that its specification discloses that “localization signals may be
tethered to the therapeutic agent by any desired procedure, for example....covalent or
ionic bond formation between two moieties” (Brief at 20, citing to ‘038 at 3:15-20).
New ground of rejection
38. We enter a new ground of rejection under 37 CFR §41.50(b). In particular, we reject
claims 6, 9, and 11 under 35 U.S.C. § 112, ¶ 2.
39. Claims 6, 9, and 11, are reproduced below.
6. A viral therapeutic agent comprising at least one localization signal able to
localize said agent in the same cellular or viral compartment with a viral target of
said therapeutic agent in a cell in vitro, wherein the viral therapeutic agent is a
nucleic acid.
9. A therapeutic agent comprising a localization signal, wherein the
therapeutic agent is a nucleic acid and wherein said localization signal is capable
9
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