Ex Parte Boutin - Page 3


              Appeal No. 2006-1879                                                                 Page 3                
              Application No. 10/010,114                                                                                 

                                                      Discussion                                                         
              1.  Claims                                                                                                 
                     Claims 1, 2, 5-9, and 17-52 are on appeal.  Claims 3 and 4 are also pending;                        
              claim 4 has been objected to but not rejected, and claim 3 has been withdrawn from                         
              consideration by the examiner.                                                                             
                     Claim 1 is representative and reads as follows:                                                     
                     1. A method for the transfer of a nucleic acid composition to cells, comprising                     
                     the step of introducing a multifunctional molecular complex into cells,                             
                            wherein said multifunctional molecular complex comprises:                                    
                            A) a nucleic acid composition; and                                                           
                            B) a transfer moiety comprising                                                              
                                (i)  one or more cationic polyamine components, wherein each cationic                    
                                   polyamine is non-covalently bound to said nucleic acid composition                    
                                   and comprises from three to twelve nitrogen atoms; and                                
                                (ii) one or more endosome membrane disruption promoting                                  
                                   components independently selected from (a) at least one lipophilic                    
                                   long chain alkyl group or (b) a fusogenic peptide, cholic acid or                     
                                   cholesterol group or a derivative thereof;                                            
                            wherein said multifunctional molecular complex transfers said nucleic acid                   
                            composition to said cells.                                                                   
                     Thus, claim 1 is directed to a “method for the transfer of a nucleic acid                           
              composition to cells.”  The claim is not limited to cells in culture or in a subject, so the               
              claim encompasses both in vitro and in vivo methods.  The claim comprises “introducing                     
              . . . into cells” a multifunctional complex comprising a nucleic acid composition; a                       
              cationic polyamine comprising three to twelve nitrogen atoms, noncovalently bound to                       
              the nucleic acid composition; and an endosome disrupting agent (which can be a                             







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Last modified: November 3, 2007