throbber
.
`
`,
`
`
`a UEAie
`
`PTO/SB/17 (10-01)
`Approved for use through 10/31/2002. OMB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`
`
`
`AttorneyDocket No. eee—————"050
`
`
`
`
`
`Group Art Unit
`
`FEE CALCULATION (continued
`
`
`
`
`
`for FY 2002
`
`
`
`Patent fees ara subject to annual revision.
`
`
`TOTALAMOUNT OF PAYMENT
`(8)
`888.00
`
`
`
`1H The Commissioneris hereby authorized to charge
`3. ADDITIONAL FEES
`
`
`.
`indicated fees and credit any overpaymentsto:
`Large
`Small
`
`Deposit
`
`
`
`
`Account|45.9610 Entity Entity
`
`
`
`Number
`Fee
`Fee Fee
`Fee
`Fee Description
`Fee Paid
`Code ($) Code (3)
`Deposit
`
`
`
`Account Oppedahl & Larson LLP Surcharge-late filing fee oroath405 130 205 65
`
`
`
`
`
`
`
`ame
`
`
`127
`50
`227
`25
`Surcharge- late provisionalfiling fee or
`
`
`
`
`Under 37 CFR 1.16 and 1.17
`+] Charge Any Additional Fee Required
`cover sheet
`
`
`
`
`hh] Applicant claims small entity siatus.
`439
`130
`139 130
`Non-English specification
`See 37 CFR 127
`
`147 2,520 147 2,520
`Forfiling a request for ex parte reexamination
`
`
`CL] Payment Enclosed:
`112
`920% 112 926° Requesting publication of SIR prior to
`
`
`
`
`Examiner action
`
`
`
`[L] check Money—[1 otnor[7] Creat cara
`
`
`
`
`113 1,840*
`113 1,840* Requesting publication of SIR after
`
`Examineraction
`
`
`
`FEE CALCULATION
`55
`215
`110
`115
`Extension for reply within first month
`
`
`
`1. BASIC FILING FEE
`
`
`216 200
`400
`116
`Extension for reply within second month
`
`Large Entity Small Entity
`
`
`
`
`217 460
`920
`117
`Extension for reply within third month
`Fee
`Fee Fee Fee
`Fee Description
`.
`
`
`Code ($) Code ($)
`Fee Paid
`
`118 1,440 218 720
`Extension for reply within fourth month
`
`101 370=Utility fing fee740 201
`
`
`
`
`
` 4128 1,960 228 980
`Extension for reply within fifth month
`
`
`106 330
`206
`165 Designfiling fee
`
`119
`320
`219 160
`Notice of Appeal
`107 510
`207 255
`Plantfiling fee
`
`
`
`120
`320
`220 160
`Filing a brief in support of an appeal
`108 740 208 370=Reissuefiling fee
`
`
`
`
`121
`280
`221
`140
`Requestfor orat hearing
`114 160
`214
`80
`Provisionalfiling fee
`
`
`
`
`138 1,510 1381,510
`Petition to institute a public use proceeding
`
`
`
`140
`240
`Petition to revive - unavoidable
`
`SUBTOTAL(1) |($) 370.00
`
`
`
`
`2. EXTRA CLAIM FEES
`144 1,280 241 640
`Petition to revive - unintentional
`Fee from
`
`
`
`
`142 1,280 242 640
`Utlity issue fee (or reissue)
`
`
`Extra Clatms1 0) 7.Fee Paid
`Tota!Claims
`-20°*= pay: 16.00
`143°
`460
`243 230
`Design issue fee
`apenden Ea =
`[140.00] [0.05]
`
`
`
`144
`620
`244 310
`Plantissue fee
`
`
`
`
`Multiple Dependent J {7
`122
`122
`Petitions to the Commissioner
`
`
`
`123.
`123
`50
`50
`Processing fee under 37 CFR 1.17(q)
`
`Submission of Information Disclosure Stmt
`126
`126
`Large Entity Small Entity
`
`
`
`
`
`Fee
`Fee Fee Fes
`Fee Description
`Code ($) Gode ($)
`581
`581
`40
`40
`Recording each patent assignment per
`
`
`
`
`property (times numberof properties)
`103
`18
`#2030
`«98
`Claims in excess of 20
`
`
`
`
`
`102
`84
`202
`42
`Filing a submission afterfinal rejection
`Independent claimsin excess of 3
`146
`740
`246
`370
`
`
`
`
`|
`.
`{37 CFR § 1.129(a))
`Multiple dependentclaim, if not paid
`104 280
`204 140
`
`
`
`. 370~~For each additional invention to be, 149 740 249
`
`
`
`
`
`109
`84
`209
`42
`** Reissue independentclaims
`examined (37 CFR § 1.129(b))
`
`
`
`overoriginal patent
`
`370 Request for Continued Examination (RCE)
`179
`740
`279
`110
`«#18
`210
`9
`** Reissue claims in excess of 20
`
`
`and overoriginal patent
`169
`900
`169
`900
` Request for expedited examination
`
`
`
`of a design application
`
`Otherfee (specify)
`
`
`
`
`($)
` *Reduced by Basic Filing Fee Paid
`
`
`970-468-6600
`SUBMITTED BY
`
`METHOD OF PAYMENT
`
`
`
`
`
`independent
`
`we
`
`($) 518.00
`SUBTOTAL(2)
`*tor numberpreviously paid, if greater; For Reissues, see above
`
`MarinaT. Larson Ph.D,
`
`SUBTOTAL(3)
`
`—— (applicable)
`
`WARNING: Information on this form may becomepublic. Credit card information should not
`be included on this form. Provide credit card information and authorization on PTO-2038.
`Burden Hour Statement: This form is estimated to take 0.2 hours to complete. Timewill vary depending upon the needsof the individual case. Any comments on
`the amount of time you are requiréd to complete this form should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, Washington, DC
`20231. DO NOT SEND FEES OR COMPLETED FORMSTO THIS ADDRESS. SEND TO: Assistant Commissionerfor Patents, Washington, DC 20231.
`
`Page 1 of 547
`
`BLUEBIRD EXHIBIT 1032
`
`Page 1 of 547
`
`BLUEBIRD EXHIBIT 1032
`
`

`

`
`BoAAUS ALESic oh.
`le
`
`MSK.P-050
`Patent Application
`
`VECTOR ENCODING HUMAN GLOBIN GENE AND
`USE THEREOF IN TREATMENT OF HEMOGLOBINOPATHIES
`
`Statement Conceming Government Funding
`
`This application was supported by funds provided under NHLBIgrant No.
`
`HL57612. The United States government mayhavecertain rights in the invention.
`
`Statement Concerning Related Applications
`This application claims the benefit of US Provisional Application No. 60/301,861
`filed June 29, 2001 and US Provisional Application No. 60/302,852 filed July 2, 2001, both of
`
`which are incorporated herein by reference.
`
`Background of the Invention
`This application relates to a vector comprising a mammalian, and particularly a
`
`human globin gene andto the use thereof in treatment of hemoglobinopathies, including a- and
`
`f-thalessemia and sickle-cell disease.
`Currenttreatment modalities for B-thalassemias consist of either red blood cell
`
`transfusionplusiron chelation (which extends survival but is cumbersome, expensive and an
`imperfect therapy), or allogeneic bone marrow transplant (whichcarries a lethalrisk and is not
`available to the majority of patients). Thus, there is a substantial need for improved therapeutic
`approaches. The present invention provides a genetic correction in autologous hematopoictic
`stemcells, thus using gene therapy to provide a less-risky and more effective long-term
`treatment.
`
`While gene therapy has been proposed for many years, a significant challenge
`facing efforts to develop genc therapy vectors is the ability to produce therapeutically useful
`levels of a desired protein or peptide. The present invention provides a vector whichis capable
`
`of providing therapeutically meaningful levels of human globin for sustained periods of time.
`
`-l-
`
`Page 2 of 547
`
`Page 2 of 547
`
`

`

`SRAEES ce AL Pc
`
`MSK.P-050
`Patent Application
`
`This ability arises from the ability to transmit large genomic regulatory sequences that control
`
`expression of the therapeutic gene.
`
`Summary of the Invention
`
`In accordance with the invention, a recombinant lentiviral vector is provided
`
`comprising:
`
`(a)
`
`(b)
`
`a region comprising a functional globin gene; and
`
`large portions of the B-globin locus control regions which include
`
`large portions of DNaseI hypersensitive sites HS2, HS3 and HS4. The regions may be the
`
`complete site or somelesser site which provides the same functionality as the specific sequences
`
`set forth below. This vector provides expression of B-globin when introduced into a mammal,
`
`for example a human,
`
`in vivo. Optionally, the vector further comprises a region encoding a
`
`dihydrofolate reductase.
`
`By incorporation of different globin genes, the vector of the invention may be
`
`used in treatment of hemoglobinopathies, including a- and B-thalessemia and sickle-cell disease.
`
`For cxample, hcmatopoictic progenitor or stem cells may be transformed ex vivo and then
`
`restored to the patient. Selection processes may be used to increase the percentage of
`
`transformed cells in the retumed population. For example, a selection marker which makes
`
`transformed cells more drug resistant than un-transformed cells allows selection by treatment of
`
`the cells with the corresponding drug. Selection and/or enrichment mayalso be carried out im
`
`vivo, for example using methotrexate or similar antifolates to select for cells rendered resistant by
`
`the expression from the vector of a dihydrofolate reductase (DHFR).
`
`Brief Description of the Drawings
`
`Fig. 1 shows the genomicstructure of a recombinant onco-retroviral vector in
`
`accordance with the invention.
`
`Page 3 of 547
`
`Page 3 of 547
`
`

`

`SLO AE
`
`MSK.P-050
`Patent Application
`
`Fig. 2 shows the genomicstructure of recombinant onco-retroviral vector within
`
`the scope of the invention.
`Fig. 3 shows experimental results demonstrating increased mean B-globin
`
`expression in transduced MELcells.
`Fig. 4 showsthe average vector copy numberin peripheral blood cells, measured
`periodically for 24 weeks, which confirms showedhighly efficient gene transfer in cells
`
`transduced with the vector of the invention.
`
`Figs. 5A and B show human B-globin expression per endogenousallele 12 days
`
`and 22 weeksafter introduction ofcells transduced with the vector of the invention.
`
`Fig. 6 shows haematocrit level, red blood cell count, reticulocyte count and
`haemoglobinlevel fifteen weeks after transplantation with unselected TNS9-transduced Hbb***
`bone marrow.
`
`Detailed Description of the Invention
`
`Inafirst aspect of the present invention, a recombinantlentirviral vector is
`
`provided comprising:
`
`(a)
`
`(b)
`
`a region comprising a functional globin gene; and
`
`large portions of the B-globin locus control regions, which include
`
`DNase I hypersensitive sites HS2, HS3 and HS4.
`
`Asusedin the specification and claims hereof, the term “recombinantlentiviral
`
`vector” refers to anartificially created polynucleotide vector assembled froma lentiviral-vector
`
`and a plurality of additional segments as a result of human intervention and manipulation.
`
`The term “functional globin gene”refers to a nucleotide sequence the expression
`
`of which leads to a globin that does not produce a hemoglobinopathy phenotype, and whichis
`
`effective to provide therapeutic benefits to an individual with a defective globin gene. The
`
`functional globin gene may encode a wild-type globin appropriate for a mammalian individual to
`
`be treated, or it may be a mutant form of globin, preferably one which provides for superior
`
`-3-
`
`Page 4 of 547
`
`Page 4 of 547
`
`

`

`ALALE ae Da ee
`
`MSK.P-050
`Patent Application
`
`properties, for example superior oxygen transport properties. The functional globin gene
`
`includes both exonsand introns, as well as globin promoters and splice doners/acceptors.
`
`Suitably, the globin gene may encode «-globin, B-globin, or y-globin. B-globin promoters may
`
`be sued with each of the globin genes.
`
`The recombinant vectors of the invention also include large portions of the locus
`
`control region (LCR) which include DNase I hypersensitive sites HS2, HS3 and HS4. In prior
`
`studies, smaller nucleotide fragments spanning the core portions of HS2, HS3 and HS4 have
`
`been utilized. Sadelain et al. Proc. Nat'l Acad. Sci. (USA)92: 6728-6732 (1995); Lebouichet al.,
`
`EMBO J. 13: 3065-3076 (1994). The term “large portions” refers to portions of the locus control
`
`region which encompasslarger portions of the hypersensitive sitcs as opposed to previously
`
`tested fragments including only the core elements. The regions may be the complete site or some
`
`lesser site which provides the same functionality as the specific sequences set forth below.
`
`In
`
`preferred embodiments of the invention, the large portions of the locus control regions are
`
`assembled from multiple fragments, each spanning one of the DNase I hypersensitive sites.
`
`In
`
`addition, the locus control region has two introduced GATA-1 bindingsites at the junction
`
`between HS3 and HS4. While not intending to be boundby any specific mechanism,it is
`
`believed that the incorporation of these transcription factor binding sites enhances the
`
`effectiveness of the vector.
`
`The genomic structure of one embodiment of the vector of the invention (TNS9)
`
`is shown in Fig. 1. TNS9 incorporates human §-globin gene (from position -618 to +2484) that
`includes an extended promoter sequence and a 3'-enhancer element. Optionally, a portion of 3'
`U3 region of the lentiviral backbone can be deleted for increased safety.
`In Fig. 1, the exons and
`
`introns of the human B-globin gene are represented by filled and open boxes, The locations are
`
`indicated for the splice donor (SD), splice acceptor (SA), packaging region (1p), rev-response
`
`element (RRE), human B-globin promoter (P) and 3'-B-globin enhancer (E). Thus, in the vector
`
`TNS9, a functional B-globin gene, which includes both the exons and introns of the gene and the
`
`relevant control sequences from the human B-globin locus. These are combined with the large
`
`-4-
`
`Page 5 of 547
`
`Page 5 of 547
`
`

`

`SLUG) GLE he 2 EPic
`
`MSK.P-050
`Patent Application
`
`fragments of the locus control region. The 3.2 kb LCR assembled into dTNS9 consists of an 840
`bp HS2 fragment (SnaBI-BstXT), a 1308 bp HS3 fragment (HindII-BamHI) and a 1069 bp HS4
`
`fragment (BamHI-BanI)).
`
`In a further aspect of the invention, the B-globin gene coding sequence can be
`
`exchanged and replaced with either the gammaglobin gene(for sickle cell disease) or the alpha
`globin gene (for alpha-thalassemias). In one strategy, a Ncol-Pst I fragment of the B-globin gene
`
`is replaced with the corresponding Ncol-HindIII fragment of the gammaglobin geneorthe
`
`Ncol-PstI fragment of the human alpha globin gene. These fragments start at the translational
`
`start of each globin gene (spanning the Ncolsite) and end pasttheir respective polyadenylation
`
`signals. In the second strategy, chimeric genes can be generated by only swapping the coding
`
`sequenceof each oneofthe three exons of these genes. Thus, for the gammaglobin gene, the
`result is a vector that comprises the beta globin promoter, the beta globin 5' untranslated region,
`
`the gamma exon 1 coding region, the gammaintron 1 the gammaexon2,the beta intron 2, the
`
`gammaexon3, and the beta 3' untranslated region. Thusall the elements of the TNS9 vector
`
`remain in place (promoter, enhancers, 5' and 3' untranslated regions, the LCR elements, the 2
`
`additional GATA-1 binding sites and the introns of the beta globin gene (at least intron 2, which
`
`
`
`is most important). Inathird strategy, the codon usage within exon 3 of the gamma globin gene
`
`can be modified so that its sequence will resemble as much as possible that of the beta globin
`
`gene. The reasonfor testing this is that the beta globin gene is always the best expressed.
`
`Additional elements may be included in the vectors of the invention to facilitate
`
`utilization of the vector in therapy. For cxample, the vector may include selectable markers, to
`
`confirm the expression of the vector or to provide a basis for selection of transformed cells over
`
`untransformed cells, or control markers which allow targeted disruption of transformed cells, and
`
`thus the sclective removalof such cells should termination of therapy become necessary.
`
`In a further specific embodiment, the vector of the invention includes the mouse
`
`PGK promotor and human dihydrofolate reductase (DHFR) cDNAasatranscriptional unit.
`
`Mutant forms of DHFR which increase the capacity of the DHFR to confer resistance to drugs
`
`-5-
`
`Page 6 of 547
`
`Page 6 of 547
`
`

`

`tee ap enon on aYa gen oe '
`“yyy oq)
`ALSTOE PUISLac
`
`MSK.P-050
`Patent Application
`
`such as methotrexate are suitably used. For example, single and double mutants of DHFR with
`mutations at amino acids 22 and 31 as described in commonly assigned PCT Publication No.
`WO97/33988, which is incorporated herein by reference, may be advantageously utilized.
`Fig. 2 shows the genomicstructure of specific vector within the scope of the
`invention. The vector includes a deleted LTR, from -456 to -9 of HIV LTR and the PGK
`promoter (530 bp) from the murine phosphoglycerate kinase | gene. It also includes a DHFR-
`encoding region encoding human DHFRwiths/f mutation at amino acid 22. The locus control
`region and the B-globin region are the same as in TSN9. This vector is designated dTNS9-PD.
`This incorporation of DHFRinto this vector provides transformed cells with a methotrexate-
`resistant phenotype. As a result, methotrexate, and other antifolates can be used, both in
`vitro and in vivo as a selectionto tool to enhance levels of the functional hemoglobin. When
`hematopoietic stem cells were transformed using dTNS9-PD and reintroduced to mice that were
`then treated with NMVBPR-P (0.5 mg/dose) and TMTX (0.5 mg dose) for five days, observed
`levels of expressed human f-globin were muchhigher in mice transduced with dTNS9-PD
`vectors after treatment with TMX and NMBPR-Pforselection oftransduced cells.
`
`The vectors ofthe invention are used in therapy for treatment of individuals
`suffering from hemoglobinopathies.
`In one embodimentof the invention, hematopoietic
`progenitor or stem cells are transformed ex vivo andthenrestored to the patient. As usedin the
`specification andclaims hereof, the term “hematopoietic progenitor sand stem cells”
`encompasses hematopoietic cells and non-hematopoietic stem cells, e.g., embryonic stem cells,
`hematopoietic stem cell precursors, or any ofthe latter generated by nuclear transfer from a
`somatic cell. It is know in the art that efficient genes transfer into human embryonic stem cells
`
`can be achieved using lentiviral vectors.
`Sclection processes maybe usedto incrcase the percentage of transformedcells in
`the returned population. For example, a selection marker which makes transformed cells more
`drug resistant than un-transformed cells allowsselection by treatment ofthe cells with the
`
`Page 7 of 547
`
`Page 7 of 547
`
`

`

`LADSER Pa?
`
`MSK.P-050
`Patent Application
`
`corresponding drug. When DIIFRis used asa selection marker, it can be used for enrichment of
`transducedcells in vitro, or for in vivo selection to maintain the effectiveness of the vector.
`
`The invention will now be further described with reference to the following non-
`
`limiting examples.
`
`Example 1
`
`To produce vector TNS9, the human B-globin gene was subcloned from MB6L
`(Sadelain et al. Proc. Nat'l Acad. Sci. (USA)92: 6728-6732 (1995)) into lentiviral vector
`
`pHR’LacZ (Zuffery ct al., Nature 15: 871-875 (1997)) replacing the CMV-LacZ sequence.
`pHR’eGFPwasconstructed by replacing LacZ with the eGFP sequence (Clontech). Viral stocks
`were generated bytriple transfection of the recombinant vectors pCMVAR8.9 (Zuffrey et al.) and
`pMD.G in 293T cells as previously described in Dull, et al., J. Virol. 72: 8463-8471 (1998). The
`pseudotyped virions were concentrated byultracentrifugationm resuspendedandtitrated as
`described in Gallardoet al., Blood 90: 952-957 (1997). For comparison, RSN1 was used which
`
`has a similar structure, except that the LCR contains only the core portion of HS2, HS3 and HS4.
`Northern blot analysis showed full length RNAtranscripts, indicating that the recombinant
`lentiviral genomoesare stable. Southern blot analysis on genomic DNA from transduced cells,
`digested once in each long terminal repeat (LTR)results in a single band correspondingto the
`expected size for the vector, indicating that the proviral structure is not rearranged.
`
`Example 2
`
`To investigate the tissue specificity, stage specificity and expression level of the vector-
`
`encoded human B-globin gene, we transduced RNS1 and TNS9 into MELcells, lymphoid Jurkat
`cells and myeloid HL-60 cclls. Ccll-free viral supernatant was used to infect C88 MELcells in
`the presence of polybrene (8 pg mi'). Transduced MELcells were subcloned bylimiting
`dilution, and screened by PCRfor transduction” using primers that anneal in the human f-globin
`
`promoter sequence (BPS, 5' -GTCTAAGTGATGACAGCCGTACCTG-3)) and in HS2 (C2A,5'-
`
`-7-
`
`Page 8 of 547
`
`Page 8 of 547
`
`

`

`SCE LER ES meow TPT AL®
`
`MSK.P-050
`Patent Application
`
`TCAGCCTAGAGT GATGACTCC TATCTG-3'). Vector copy number and integrationsite
`analysis was determined by Southern blot analysis’. Transduced MELcells were induced to
`maturation by 5-day culture in 5 mM N,N’- hexamethylene bisacetamide (HMBA,Sigma).
`To induce B-globin transcription, transduced MEL cell pools were differentiated using
`hexamethylene bisacetamide HMBA). Human B-globin (6) and mouse B-globin transcripts
`were measured by quantitative primer extension. After normalization to vector copy number and
`to endogenous B-globin cxpressionper allele, human B-globin levels were 14.2 + 4.7% for RNS1
`and 71.3 + 2.3% for TNS9 in pooled MELcells (Fig. 2a). MEL, Jurkat and HL-60 cells were
`
`transduced with RNS1, TNS9 or control GFP recombinantlentivirus. Human p-globin RNA
`
`expression in HMBA induced MELcells (grey bars) was measured by quantitative primer
`
`extension and normalized to mouse B-globin RNA expression per locus. Expression was then
`
`normalized to the vector copy number determined by Southern blot. No human B-globin RNA
`
`expression was detected in non-induccd MEL (black bars), Jurkat (white bars) or HL-60 cells
`
`(hatched bars), indicating that globin expression was erythroid- and differentiation-specific. No
`
`human B-globin expression was detected in non-induced MEL, Jurkat and HL-60cells (Fig. 3),
`
`indicating that human B-globin expression was appropriately regulated in termsof tissue
`
`specificity and state of differentiation. We generated a panel of MELcell clones that carried a
`
`single copy of either vector to distinguish whether the increased expression obtained in HMBA-
`treated Melcells transduced with TNS9 rather than RNS1 wasthe result of an increase in B*
`
`expression per cell or of an increase in the fraction of cells expressing human B-globin.
`
`Transduced MELcells were subcloned by limiting dilution immediately after transduction,
`
`avoiding any bias towards favourable chromosomalintegration sites as produced by drug
`
`selection’. The proportion of clones expressing human (-globin varied significantly between the
`
`two vectors. One out of ten RNS1 positive clones yiclded measurable human B-globin
`
`transcripts, in contrast to [2 out of 12 for TNS9 also expressed higher levels of human B-globin
`
`than did those bearing RNS1 (P < 0.01, Fisher’s exact test). Cells bearing TNS9 also expressed
`
`higher levels of human B-globin than did those bearing RNS1 (P < 0.01, Wilcoxon rank sum
`
`-8-
`
`Page 9 of 547
`
`Page 9 of 547
`
`

`

`GLSLeeea a
`
`MSK.P-050
`Patent Application
`
`test). These findings established that both the level and probability of expression at random
`integration sites was increased with the TNS9 vector.
`
`Example 3
`Quantification of human B-globin mRNA
`Total RNA wasextracted from MEL,Jurkat and HL-60cells, or mouse spleen and blood
`using TRIzol. Quantitative primer cxtension assays were done using the Primer Extension
`System-AMVReverse Transcriptase kit (Promega) with [?P] dATP end-labelled primers
`specific for retroviral-derived human $-globin (5' -CAGTAACGGCAGACTTCTCCTC-3’) and
`mouse B-globin (5' -TGATGTCTGTTTCTGGGGTT GTG -3'), with predicted extension
`products of 90 bp and 53 bp,respectively. The probes yield products ofidentical length for Bp",
`B™", B* and B'. Primers were annealed to 4g of RNA and reactions were run according to
`manufacturer’s protocols. Radioactive bands were quantitated by phosphorimager analysis
`(BioRad). RNAisolated from A85.68 mice”wasusedas positive control. After correction for
`primer labelling, the human to mouse RNA signal was 29 + 1% per gene copy in repeated
`experiments (n > 8), in agrecment with previous findings based on RT-PCR”. Values measured
`in bone marrow chimaeras that were obtained in separate runs were standardized to the value
`obtained in the A85.68 RNA sample. In Figs. 2 and 3c, d, human B-globin expression18
`expressed per vector copy and normalized to the endogenoustranscripts (accounting for two
`endogenousalleles). In Fig. 3b, humantranscripts are reported as the fraction of total B-globin
`RNA(Huf / Hu® + MufB)to reflect absolute contribution of vector-encoded transcripts.
`
`Example 4
`To investigate the function of the vectors in vivo, we transduced and transplanted murine
`bone marrow cells without any selection in syngeneic,lethally irradiated recipient mice. Donor
`bone marrow wasflushed from the femursof 8- to 16-week-old male CS7BL/6 or Hbb®"™*
`(Jackson Laboratories) that had beeninjected intravenously (i.v.) 6 days earlier with 5-flurouracil
`
`-9-
`
`Page 10 of 547
`
`Page 10 of 547
`
`

`

`ollUAL ep ah
`
`MSK.P-050
`Patent Application
`
`(5-FU, Pharmacia; 150 mg kg’ body weight). Bone marrow cells were resuspended in serum-
`free medium, and supplemented with IL-1a (10 ng mf’), IL-3 (100 U m1’), IL-6 (150 U m1’), Kit
`ligand (10 ng ml) (Genzyme), B-mercaptoethanol (0.5 mM;Sigma), _-glutamine (200 mM),
`penicillin (100 TU mI!) and streptomycin (100 pg m"), and cultured for 18 h. Recipient mice (11-
`to 14-week-old C57/BL6 or Hbb"** mice ) were irradiated with 10.5 Gy (split dose 2 x 5.25 Gy)
`on the day oftransplantation. Bone marrow cells were pelleted and resuspended in serum-free
`medium containing concentrated lentiviral supernatant, and supplemented with polybrene (8g
`mf’), ,-glutamine (200 mM), penicillin ( 100 TU mI”) and streptomycin (100 pg ml"), and
`cultured for 6 h. Transduced bone marrowcells (1 x 10° or 5 x 10°) were then i.v. injected into
`
`eachof the irradiated female recipients to cstablish short-term and long-term bone marrow
`
`chimaeras, respectively.
`In short-term studies, spleens were removed 12 d after transplantation to extract total
`RNAand genomic DNA. To monitor long-term chimaeras, two orthree capillary tubes of blood
`were collected every 4-6 weeks, from which genomic DNA,total RNA and haemoglobin were
`extracted. To examine vector function reliably in long-term animals, erythroid cell populations
`were purified from spleen. Single-cell suspensions were incubated with rat anti-mouse TER-119
`monoclonal antibody (PharMingen). Sheep anti-Rat IgG dynabeads (M-450, DynalInc.) Were
`added to the antibody-coated spleen cells and purified as recommended by the manufacturer.
`Vector copy number, integration pattern and chimaerism were determined by Southern blot
`analysis. The fraction of donor DNArelative to recipient was determined by stripping and
`reprobingthe blot with a [*P] dCTP-labelled probe specific for the Y chromosomeand
`normalizing to an endogenous mouse band. Radioactive bands were quantitated by
`phosphorimager analysis. Sera from five randomly selected long-term bone marrow chimaeras
`(30 weeksafter transplantation) tested negative for HIV-1 gag by RT-PCR usingthe Amplicor
`
`HIV-1 monitor kit (Roche).
`Vector copy number and human f-globin RNAtranscripts were measured during a 24-
`week period in mice transplanted with RNS1 (n = 8) or1'NS9 (n = 10) transduced bone marrow.
`
`-10-
`
`i
`
`Page 11 of 547
`
`Page 11 of 547
`
`

`

`COLTER eo
`
`et Ea RPI
`
`MSK.P-050
`Patent Application
`
`a, Vector copy number wasassessed by southern blot analysis of genomic DNA isolated from
`peripheral blood at weeks 6, 10, 16 and 24. The average vector copy numberin peripheral blood
`cells, measured periodically for 24 weeks (Fig. 4), showed highly efficient gene transfer with
`both vectors (1.8 + 0.6 and 0.8 + 0.6 average vector copies per cell for B-globin transcript levels
`in the 10-20% range during the same time period. To assess transcriptionalactivity per vector
`copy, steady-state RNA transcripts and vector copy number were quantified in pooled CFU-S,,
`and in erythroid TER-119+ spleen cells. Twelve days after transplantation, human B-globin
`expression per endogenousallele, (Fig. 5a). Twenty weekslater these values were 0.5 = 0.1%
`(significantly lower than on day 12, P = 0.02) and 15.8 + 0.9% respectively (Fig. 5b). These
`findings establishedthat the larger LCR fragments increased globin expressionin vivo and,
`furthermore, suggested that TNS9 is moreresistant to transcriptionalsilencing than is RNS1.
`The levels of TNS9-encoded human f-globin could be produced. Haemoglobintetramers
`incorporating vector-encoded human 6* and endogenous murine a-globin (designated Hbb™)
`were quantitated in peripheral bloodred cell lysates after cellulose acetate gel fractionation.
`Hbb™levels accounting for up to 13% of total haemoglobin were found 24 weeksafter
`transplantation (Fig. 3e, Table 1 in Supplementary Information). In the sameassays, transgenic
`mice bearing one copy of a 230-kb yeastartificial chromosome (YAC) encompassingthe entire
`human B-globin like gene cluster”’ showed 14% oftheir total haemoglobin incorporating human
`B*. No haemoglobin tetramers containing human B* were measurble in any ofthe mice bearing
`RNSI (table 1 in Supplementary Information). The proportion of mature peripheral blood red
`cells expressing human B* was elevate in most TNS9 bone marrow chimaeras, as shownby dual
`staining of human $4“ and TER-119. In contrast, chimaeras engrafted with RNS1-transduced
`bone marrow showedhighly variable fractions of weakly staining B“ -positive erythrocytes.
`Normalized to the fractionof circulating 8B-positive mature red cells, the levels of haemoglobin
`containing lentivirus-encoded B* were on average 64% of those obtained in the YACtransgenic
`
`mice.
`
`-1l1-
`
`Page 12 of 547
`
`Page 12 of 547
`
`

`

`CLRGES ESSE UL EE SLC int
`
`MSK.P-050
`Patent Application
`
`Example 5
`To ascertain that true HSCs were transduced, we carried out secondary transplants using
`
`marrow from primary recipients collected 24 weeksafter transplantation. The TNS9 and RNS1
`vectors were readily detectedin all secondary recipients 13 weeks after transplantation. Human
`B-globin expression was maintainedin all recipients of TNS9-transduced marrow. The
`successful transduction of HSCs was confirmed by integration site analyses. Southern blot
`analysis was performed on genomic DNAisolated from bone marrow, spleen and thymus of
`secondary bone marrow transplant recipients collected 13 weeksafter transplant (one
`representative RNS1, and two representative TNS9 secondary transplantrecipients are shown).
`Two endogenous bandsare found in the genomic DNA of C57BL/6 (B6) mice.
`
`Example 6
`In view ofthe high levels of cxpression, we tested the extent to which the TNS9 vector
`could correct the phenotype of thalassaemic cells using P° -thalassaemic heterozygote micethat
`lack a copy oftheir bI and b2 B-globin genes (Hbb"**)’'. These heterozygotes have a clinical
`phenotype similar to humanthalassaemia intermedia and exhibit chronic anaemia (haematocrit
`28-30%, haemoglobin 8-9 g dl") and anomalies in red cell size (anisocytosis) and shape
`(poikilocytosis). Fifteen weeksafter transplantation with unselected TNS9-transduced Hbb""
`bone marrow,the haematocrit level, red blood cell count, reticulocyte count and haemoglobin
`
`level were markedly improvedin five out offive recipient mice (Fig. 6). Anisocytosis and
`poikilocytosis were markedly reduced in the peripheral blood smears of chimaeras bearing the
`TNS9 vector. Control mice transplanted with Hbb™* bone marrowcells transduced with a
`vector encoding enhanced greenfluorescent protein (eGFP)all remained severely anaemic (n = 5,
`Fig. 6) and maintained their abnormalred cell morphology. Theseresults establish that levels of
`circulating haemoglobin obtained with TNS9 were indeed therapeutically relevant.
`The combined effect of the high efficiency of gene transfer and the absence of vector
`
`rearrangements afforded by the recombinantlentivirus carrying the B-globin gene and LCR
`
`-12-
`
`Page 13 of 547
`
`Page 13 of 547
`
`

`

`
`
`SAO) AGEPCE
`
`MSK.P-050
`Patent Application
`
`configuration adopted in TNS9 yielded levels of human B* expression in the therapeutic range.
`The higher expression obtained with TNS9 compared with RNS| was associated with a higher
`fraction of permissive integration sites in MELcells and a higher fraction ofhuman *-
`containing red blood cells in bone marrow chimaeras. RNS1, which carries a weaker enhancer,
`silenced over time whereas TNS9retained undiminishedtranscriptional activity over the same
`
`time period and in secondary transplant recipients.
`Higherlevels of murine «,: human 6, tetramers were obtained in peripheral blood
`samples from recipients of TNS9-transduced Hbb"?* bone marrow (21 + 3% oftotal
`haemoglobin, n = 5, than with Hbb** bone marrow (6 + 4%, n + 10). The two groups showed
`comparable peripheral blood vector copy numbers and levels of human B-globin RNA (0.8 + 0.2
`compared with 0.8 + 0.6, and 16.8 + 6% compared with 10.8 + 7%, respectively). This
`observation is consistent with a competitive advantage of murine f-globin over human B-globin
`in associating with murinc «-globin”. In thalassaemicpatients, added human B-chain synthesis
`would improve the «:$ chain imbalance and thus increase red cell survival and ameliorate the
`ineffective erythropiesis in these patients. In patients with sickle cell disease, transduced B*
`chains are expected to have an advantage over the BS chains produced by both endogenous genes
`in competingfor the available «-chains”*. Given that patients with S/B-thalassaemia whose HbA
`represents 10-30% oftheir total haemoglobin are very mildly affected'”*, the clinical benefit of
`such an intervention would

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket