The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte RAYMOND H. BOUTIN
__________
Appeal No. 2006-1879
Application No. 10/010,114
__________
ON BRIEF
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Before SCHEINER, GRIMES, and LEBOVITZ, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to a method of transferring nucleic acids into cells,
which the examiner has rejected as nonenabled. We have jurisdiction under 35 U.S.C.
§ 134. Because we conclude that enabling the claimed method does not require
providing therapeutically effective gene therapy, we reverse.
Background
Methods for delivering nucleic acids to cells in vivo face several problems:
“persistence in the biophase of the organism for a sufficient time to reach the target cell;
recognition of the target cell and means for mediating transport of the genetic material
through the cell membrane and into the cytoplasm of the cell; avoidance of degradation
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