Ex Parte Boutin - Page 1




                            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                                   for publication and is not binding precedent of the Board.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                                                           
                                                      __________                                                         
              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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