Appeal No. 2007-0531 Page 12
Application No. 10/341,679
replication-deficient adenoviral vector comprising a reporter gene into different
points on the internal surface of the heart can program recombinant gene
expression in cardiomyocytes. While French acknowledges that more work may
be necessary before adenoviral vectors can be used for phenotypic modulation6,
French opens the door for a person of ordinary skill in the art interested in
treating heart damage with therapeutic adenoviral constructs.
Isner was interested in treating heart disease including ischemic
cardiomyopathy and myocardial ischemia in a mammal. Isner developed a
method whereby ischemic cardiomyopathy and myocardial ischemia can be
treated with the use of a replication-deficient adenoviral vector comprising a
nucleic acid capable of expressing an angiogenic protein, such as VEGF165, with
or without another gene expressing a different angiogenic protein. While Isner
does not teach the direct injection of this adenoviral construct to the inside
surface of the heart, Isner teaches that an adenoviral construct comprising
angiogenic proteins can be used to treat heart related injuries. Therefore, a
person of ordinary skill in the art would recognize that Isner took the teachings of
French one step further to demonstrate that a therapeutic adenoviral construct
can be utilized to treat heart related injuries. Isner, therefore, alleviates French’s
concerns that more work is needed.
Tischer teaches that VEGF can be employed to treat a damaged heart
resulting from vascular damage following myocardial infarction, or in conjunction
with procedures that compress atherosclerotic plaques, by stimulating the growth
of collateral circulation. According to Tischer VEGF can be directly injected to
6 French, page 2414, second column 2, last sentence under “Conclusions”.
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