Appeal 2007-2864
Application 10/747,798
rejection under § 102(a) over Clayman. In addition, Neilsen teaches
transdermal delivery, which would be through the skin, and thus, Neilsen
does disclose treatment of a keratinocyte and a skin cell.
Claims 1-15, 18-29, 33, 38-51, and 54-60 stand rejected under 35
U.S.C. § 102(b) as being anticipated by El-Deiry.
The Examiner first cites the definition of p53 found at page 14 of the
Specification, which states that “the term ‘p53’ is intended to refer to the
exemplified p53 molecules as well as all p53 homologues from other
species.” (Answer 8.) The Examiner notes that El-Deiry relates to gene
therapy with a transgene of p73, which El-Deiry specifically states is a
homolog of p53 (id.). The Examiner thus concludes that given the definition
of p53 in the Specification, p53 as used in the claims encompasses p73 as
taught by El-Deiry (id.).
El-Deiry is cited by the Examiner for teaching
the treatment of cells transformed by infection with a papilloma
virus, such as HPV, particularly those in certain types of cancer
involving papilloma virus infection, e.g. cervical cancer,
esophageal squamous cell cancer, laryngeal papilloma,
bronchio-alveolar carcinoma, penile carcinoma and bladder
carcinoma. El-Deiry teaches methods of treating such cells in
vivo by gene therapy with a vector that expresses p73, including
by topical delivery. The vector may be a liposomal vector or a
viral vector based on a retrovirus, adenovirus, and AAV. The
p73 coding sequence is under control of a constitutive promoter
or papilloma virus-regulated promoter. The pharmaceutical
composition comprising the vector may also include a
chemotherapeutic agent, and can be formulated as an aerosol
for inhalation, in a lotion or suppository, in a liquid for oral
delivery, or in a transdermal patch, and used such that the
composition contacts the target cells. See entire document,
especially page 1, lines 8-12 and 20-22; page 3, line 10, to page
5, line 7; pages 12-16; pages 20-23; page 24, line 33 to page 25,
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