Ex Parte Emanuele et al - Page 2

                Appeal 2006-3373                                                                               
                Application 09/919,504                                                                         
                1. A composition comprising,                                                                   
                      one or more nucleic acid sequences selected from the group consisting                    
                of oligonucleotides, antisense oligonucleotides, triplex DNA compounds,                        
                ribozymes, and mixtures thereof; and                                                           
                      an octalock copolymer, wherein the octoblock copolymer has the                           
                following formula:                                                                             







                wherein:                                                                                       
                      the mean aggregate molecular weight of the portion of the octablock                      
                copolymer represented by polyoxypropylene is between about 5000 and                            
                about 7000 Daltons;                                                                            
                      a is a number such that the portion represented by the                                   
                polyoxyethylene constitutes between about 10% and about 40% of the                             
                octablock copolymer by weight; and                                                             
                      b is a number such that the polyoxypropylene portion of the total                        
                molecular weight of the octablock copolymer constitutes about 60% and                          
                about 90% of the octablock copolymer by weight.                                                

                      Claims 1-5, 8-13, 16-23, 26-31, 33-36, 38, and 41 stand rejected under                   
                35 U.S.C. § 102(e) as being anticipated by Lemieux.1  In addition, claims 1,                   
                6, 7, 9, 14, 15, 19, 24, 25, 27, 32, and 37 stand rejected under                               
                35 U.S.C. § 103(a) as being unpatentable over the combination of Lemieux                       
                and Emanuele.2  Claims 17, 33, 39, 40, and 42 stand rejected under 35                          
                U.S.C. § 103(a) as being unpatentable over Lemiex.  Finally, claims 1-5, 8-                    

                                                                                                              
                1 Lemieux, U.S. Patent No. 6,359,054 B1, issued March 19, 2002.                                
                2 Emanuele, U.S. Patent No. 5,674,911, issued October 7, 1997.                                 
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