Title of Invention

A GENETIC CONSTRUCT

Abstract Genetic constructs that comprise a coding sequence for HIV-1 Rev, and a coding sequence for a desired protein are disclosed. Compositions that comprise at least two nucleic acid molecules in which at least one nucleic acid molecule comprises a coding sequence for HIV-I Rev, and at least one nucleic acid molecule comprises a coding sequence lor a desired protein are disclosed. In such genetic constructs and compositions comprising nucleic acid molecules, the coding sequence for the desired protein comprises at least a portion of coding sequence for an HIV structural protein that includes an RRE and at least one CTE Methods of inducing an immune response against an immunogen in an individual, methods of delivering proteins to an individual and methods of producing proteins are also disclosed.
Full Text A JENETIC CONSTRUCTS

FIELD OF THE INVENTION
The present invention relates to improved genetic constructs. In particular, the
present invention relates to nucleic acid molecules that can be used to generate high
levels of expression of proteins encoded by nucleic sequences of the nucleic acid
molecule. The present invention also relates to improved DNA vaccines and gene
therapeutics.
BACKGROUND OF THE INVENTION
The HTV-1 Rev-RRE is well known but not completely understood. It is known
that genes encoding HIV structural proteins, i.e. HIV genes gag, pol and env each contain
an RRE which is recognized by HIV protein Rev. These sequences are known to interact
with the HIV protein Rev. Nucleic acid molecules in cells that contain the RRE bind to
Rev that is present in the cell and are transported to the cytoplasm. This transport results
in a higher level of gene expression relative to that observed in the absence of the RRE or
Rev in similar constructs. U.S. Patent Nos. 5,554,528 and 5,604,114, which are
incorporated herein by reference, disclose HIV RRE sequences. U.S. Patent Nos.

5,650,309 and 5,665,577, which are incorporated herein by reference, disclose vectors
that comprise HIV RRE sequences.
The CTE system is well known and described in, inter alia, U.S. Patent Nos.
5,585,263 and 5,880,276, which are each incorporated herein by reference. According to
this system, host proteins recognize the CTE sequence on the mRNA and transport it
from the nucleus to the cytoplasm. This transport results in a higher level of gene
expression relative to that observed in the absence of the RRE or Rev in similar
constructs. CTE systems are also described in Bray, M., S. Prasad, J. W. Dubay, E.
Hunter, K..-T. Jeang, D. Rekosh, and M.-L. Hammarskjold (1994). A small element from
the Mason-Pfizer monkey virus genome makes human immunodeficiency virus type 1
expression and replication Rev-independent. Proc. Natl. Acad. Sci. USA 91:1256-1260;
Saavedra, C., B. Felber, and E. Izaurralde. 1997. The simian retrovirus-1 constitutive
transport element, unlike the HIV-1 RRE, utilises factors required for the export of
cellular mRNAs. Curr. Biol.619-628, Ernst RK, Bray M, Rekosh D, Hammarskjold ML.
(1997) Secondary structure and mutational analysis of the Mason-Pfizer monkey virus
RNA constitutive transport element. RNA. 3(2):210-22; and Kang Y, Bogerd HP, Cullen
BR (2000). Analysis of cellular factors that mediate nuclear export of RNAs bearing the
Mason-Pfizer monkey virus constitutive transport element. J Virol. 74(13):5863-71,
which are each incorporated herein by reference.
There is a need to provide improved systems for enhancing expression of coding
sequences in nucleic acid molecules. There is a need to provide improved vaccines,
immunization methods, and gene therapy methods and compositions that exhibit high
levels of expression of coding sequences in nucleic acid molecules.
SUMMARY OF THE INVENTION
The present invention relates to genetic constructs that comprise a coding
sequence for HTV-1 Rev, and a coding sequence for a desired protein. In such genetic
constructs, the coding sequence for the desired protein comprises at least a portion of
coding sequence for an HIV structural protein that includes an RRE and at least one CTE.
The present invention also relates to compositions that comprise at least two
nucleic acid molecules in which at least one nucleic acid molecule comprises a coding

sequence for HIV-1 Rev, and at least one nucleic acid molecule comprises a coding
sequence for a desired protein. The coding sequence for the desired protein comprises at
least a portion of coding sequence for an HIV structural protein that includes an RRE and
at least one CTE. The desired protein is generally a different protein from HIV-1 Rev.
The present invention further relates to methods of inducing an immune response
against an immunogen in an individual. Some of the methods of the invention comprise
the step of administering to the individual a genetic construct comprising coding
sequence for HTV-1 Rev, and coding sequence for an immunogen. The coding sequence
for the immunogen comprises at least a portion of coding sequence for an HIV structural
protein that includes an RRE and at least one CTE. Some of the methods of the invention
comprise the step of adrninistering to the individual a composition comprising at least
two nucleic acid molecules. At least one nucleic acid molecule comprises a coding
sequence for HTV-1 Rev, and at least one nucleic acid molecule comprises a coding
sequence for an immunogen. The coding sequence for the immunogen comprises at least
a portion of coding sequence for an HIV structural protein that includes an RRE and at
least one CTE.
The present invention further relates to methods of delivering a protein to an
individual. Some of the methods of the invention comprise the step of administering to
the individual a genetic construct comprising coding sequence for HTV-1 Rev, and
coding sequence for an protein. The coding sequence for the protein comprises at least a
portion of coding sequence for an HIV structural protein that includes an RRE and at
least one CTE. Some of the methods of the invention comprise the step of administering
to the individual a composition comprising at least two nucleic acid molecules. At least
one nucleic acid molecule comprises a coding sequence for HTV-1 Rev, and at least one
nucleic acid molecule comprises a coding sequence for a desired protein. The coding
sequence for the protein comprises at least a portion of coding sequence for an HIV
structural protein that includes an RRE and at least one CTE.
The present invention further relates to methods of producing a protein in a cell.
Some of the methods of the invention comprise the step of culturing a cell that comprises
a genetic construct comprising coding sequence for HIV-1 Rev, and coding sequence for
an protein. The coding sequence for the protein comprises at least a portion of coding

sequence for an HIV structural protein that includes an RRE and at least one CTE. Some
of the methods of the invention comprise the step of culturing a cell comprising at least
two nucleic acid molecules. At least one nucleic acid molecule comprises a coding
sequence for HIV-1 Rev, and at least one nucleic acid molecule comprises a coding
sequence for a desired protein. The coding sequence for the protein comprises at least a
portion of coding sequence for an HIV structural protein that includes an RRE and at
least one CTE.
ACCOMPANYING
BRIEF DESCRIPTION OF THEACCCOMPANYING FIGURES
Figures 1-5 show data from comparisons made between the immune responses
against HIV-1 Env following administration of one of three plasmids, each of which
encode Env in which the Env coding sequence contains the RRE. These data are
described in the Example below.
DESCRIPTION OF THE INVENTION
According to the invention, nucleic acid molecules are supplied with two different
transport elements which when present on mRNA result in the shuttling of the mRNA
from the nucleus to the cytoplasm and protein production in the cell is increased. The
two transport elements operate independent of one another and when used together result
in a higher enhancement of protein production than simply an additive effect.
Each of the transport systems employed is known. One is the HiV-1 Rev-Rev
response element (RRE) system. The other is the CTE system isolated from Mason
Pfizer Monkey Virus. According to the invention, genetic constructs contain both an
RRE and at least one CTE. Furthermore, the constructs are provided with HiV-1 Rev-
encoding sequences to provide the cell with the Rev protein needed to engage the RRE
and effect transport.
As used herein, the term "genetic construct" is meant to refer to a nucleic acid
molecule that comprises a nucleic acid sequence that encodes a protein (coding sequence)
operably linked to elements necessary for expression of the coding sequence. In some
embodiments, the genetic construct is DNA, preferably a plasmid or genome of a viral

vector. In some embodiments, the genetic construct is RNA, preferably a genome of a
retroviral vector.
According to the present invention, genetic constructs are provided which
comprise coding sequence for Rev, and a coding sequence for a desired protein. As used
herein, the term "desired protein: is meant to refer to any protein, including proteins with
physiologically or immunogenically active sequences, provided such protein comprises at
least a portion of coding sequence for an HIV structural protein that includes an RRE and
the mRNA that includes a coding sequence for the protein comprises at least one CTE.
In some embodiments, the desired protein is an HIV structural protein and the mRNA
that includes a coding sequence for the HIV structural protein comprises at least one
CTE. In some embodiments, the desired protein is a fusion protein comprising at least a
portion an HIV structural protein and a non-HIV portion. In some embodiments, the non-
HIV portion may be an immunogenically or physiologically active protein or
immunogenically or physiologically active fragment thereof that further comprises an
HIV structural protein or fragment thereof that comprises a RRE. If the desired protein
is not an HIV structural protein, i.e. it is a fusion protein, the nature of non-HIV
sequences will determine if the genetic construct is a vaccine or a gene therapeutic. That
is, if the fusion protein that is the desired protein is an immunogen, the construct may be
used to induce immune responses such as a use as a vaccine, or a starting material for
protein production. If the fusion protein is biologically active and non-immunogenic, the
construct may be used a gene therapeutic or a starting material for protein production.
The invention also provides a composition with at least two nucleic acid
molecules, at least one of which comprises a coding sequence for HIV-1 Rev, and at least
one of which comprises a coding sequence for a desired protein. In some embodiments,
nucleic acid molecules are DNA molecules, preferably plasmids.
The genetic constructs of the invention and nucleic acid molecules of
compositions of the invention include a coding sequence selected from the group
consisting of gag, pol, env, and a fragment thereof which include an RRE. That is, the
invention can be used for high level expression of the HIV proteins encoded by of gag,
pol, or env, or alternatively, they can be used for high level expression of fusion proteins
that include portions of gag, pol, or env gene products that include the RRE. The genetic

construct also contains coding sequences that encode HIV-1 Rev protein operably linked
to regulatory elements so that the Rev protein is produced. The compositions contains a
nucleic acid molecule that comprises the coding sequences that encode HIV-1 Rev
protein operably linked to regulatory elements so that the Rev protein is produced.
According to the invention, the CTE sequence or sequences are included in the
gene construct or nucleic molecule of a composition in the sequence of the protein to be
produced. In preferred embodiments, the CTE sequence is included at a site 3' of the
polyadenylation tail. In some embodiments, the gene construct may contain more than
one CTE sequences. In some embodiments, it may contain 2,3,4 or 5 CTE sequences.
The present invention further provides methods of inducing an immune response
against an immunogen in an individual, methods of delivering a protein to an individual
and methods of producing a protein.
The methods of inducing an immune response against an immunogen in an
individual and the methods of delivering a protein to an individual comprising the step of
administering to the individual a genetic construct or composition as described above. In
the methods of inducing immune responses, the desired protein is immunogenic. If the
desired protein is an HIV structural protein, the genetic construct is a vaccine and the
desired protein is expressed for the purpose of being an immunogen. Similarly, if the
desired protein is an immunogenic protein, the genetic construct or composition can be
used as a vaccine and the desired protein is expressed for the purpose of being an
immunogen. Immune responses may be induced to provide protective or therapeutic
effects or to produce antibodies and antigen specific immune system cells specific for the
immunogen. Such antibodies and cells may be collected and used.
Examples of immunogens that can be encoded by the present invention include
the HIV structural proteins Gag, Pol, Env, and fragments thereof. In addition, vaccines
may be prepared in which the immunogen is a target protein as described in U.S. Pat. No.
5,593,972 issued Jan. 14,1997 that is incorporated herein by reference. Such
immunogens may be pathogen proteins, proteins associated with hyperproliferative
diseases or proteins associated with autoimmune diseases as well as allergens. For all
non-HIV structural protein immunogens, the immunogenic protein must be presented as a
fusion protein encoded by a chimeric gene which includes coding sequence that includes

at least the portion of the HIV structural protein coding sequence which is the RRE. In
embodiments of the invention in which an immune response is delivered, the present
invention may be used in combination with adjuvants, immunomodulating proteins and
genetic sequences that encode immunomodulating proteins such as cytokines,
chemokines, and growth factors.
The methods of delivering a protein to an individual comprise the step of
administering to the individual a genetic construct or composition as described above. In
some embodiments, the desired protein is a cytokine, a growth factor, a chemokine, a co-
stimulatory molecule, an antibody, a soluble receptor, an enzyme, a coagulation factor, or
fragments thereof. In some embodiments, the desired protein is a pathogen antigen, an
oncogene translation product or other antigen associated with cancer, a protein associated
with autoimmune disease, an allergen or fragments thereof. In some embodiments, the
desired protein is insulin, IL-1, IL-2, IL-5, IL-12, IL-15, VEGF, EGF, EPO, GMCSF,
GCSF, receptors thereof, CD28, CD80, CD86, CD40, CD40L, mAbs, Fabs, F(ab)2S,
chimeric, humanized, primatized, human mAbs, Fabs, F(ab)2S, DNAse, tPA, Factors I-
XII, or active fragments thereof. In some embodiments, the desired protein is an antigen
as set forth in US Patent No. 5, 593,972 which is incorporated herein by reference.
The methods of producing a protein in a cell comprise the step of culturing a cell
that comprises a genetic construct or at least two nucleic acid molecules of the
composition as described above. In such methods, the cell may be any cell in which both
the RRE system and CTE system are active. In some embodiments, the cell is a mammal
cell. In some embodiments, the cell is a human cell.
In preferred embodiments, the genetic constructs are plasraids that may be
delivered to the patient by direct administration. There are a large number of methods
that can be used to deliver DNA directly to a patient. In addition to those described in
U.S. Pat. No. 5,593,972, which is incorporated herein by reference, other methods
include those described in U.S. Patent No. 5,739,118 which is incorporated herein by
reference, and U.S. Patent No. 5,981,505 which is incorporated herein by reference. In
addition, the methods described in the patents and publications disclosed in
, which are each incorporated herein by reference, may be
employed using the improvements described herein. For example, the invention is

compatible with any plasmid delivery system such as lipofectins, cationic lipids, anionic
lipids, liposomes, transfection agents, and cell targeting agents.
In a preferred embodiment, plasmid DNA is administered to an individual by
intramuscular injection. In addition to plasmid DNA, the injectable composition may
optionally comprise a facilitating such as bupivacaine or a related composition including
those described in PCT Application Serial NumberPCT/US94/00899, which is
incorporated herein by reference.
In addition to use in plasmids, the constructs of the present invention may be
useful in other genetic delivery systems in which DNA that encodes proteins whose
expression is desired is transcribed in the nucleus, such as retroviruses or other viral or
non-viral vectors.
EXAMPLE
The data attached hereto in Figures 1-5 reports on a comparison of the immune
responses against HIV-1 Env following administration of one of three plasmids, each of
which encode Env. The Env coding sequence contains the RRE. The data clearly show
that the combination of coding sequence for Env and Rev including a CTE yields an
enhanced immune response relative to that observed following administration of a
genetic construct that contains only coding sequence for Env and Rev or coding sequence
for Env with a CTE.

WE CLAIM:
1. A genetic construct that comprises:
a) a coding sequence for HIV-1 Rev, and
b) a coding sequence for a desired protein, wherein coding sequence for said
desired protein comprises
i) at least a portion of coding sequence for an HIV structural protein that
includes an RRE and
ii) at least one CTE.
2. The genetic construct as claimed in claim 1 wherein said genetic construct is a DNA
molecule.
3. The genetic construct as claimed in claim 2 wherein said genetic construct is a
plasmid.
4. The genetic construct as claimed in claim 1 wherein the desired protein is an HIV
structural protein that comprises at least one CTE.
5. The genetic construct as claimed in claim 1 wherein the desired protein is a fusion
protein comprising at least a portion an HIV structural protein and a non-HIV portion.
6. The genetic construct as claimed in claim 1 wherein the desired protein is a fusion
protein comprising at least a portion an HIV structural protein and an immunogenic non-HIV
portion.
7. The genetic construct as claimed in claim 1 wherein the genetic construct comprises
1-5 CTEs.
8. A composition comprising at least two nucleic acid molecules:

a) at least one nucleic acid molecule comprises a coding sequence for HIV-1
Rev, and
b) at least one nucleic acid molecule comprises a coding sequence for a desired
protein, wherein coding sequence for said desired protein comprises
i) at least a portion of coding sequence for an HIV structural protein that
includes an RRE and

ii) at least one CTE.
9. The composition as claimed in claim 8 wherein said nucleic acid molecules are DNA
molecules.
10. The composition as claimed in claim 9 wherein said DNA molecules are plasmids.
11. The composition as claimed in claim 8 wherein the desired protein is an HIV
structural protein that comprises at least one CTE.
12. The composition as claimed in claim 9 wherein the desired protein is a fusion protein
comprising at least a portion an HIV structural protein and a non-HIV portion.
13. The composition as claimed in claim 8 wherein the desired protein is a fusion protein
comprising at least a portion an HIV structural protein and an immunogenic non-HIV portion.
14. The composition as claimed in claim 8 wherein at least one nucleic acid molecule
comprises a coding sequence for a desired protein, wherein coding sequence for said desired
protein comprises
i) at least a portion of coding sequence for an HIV structural protein that
includes an RRE and
ii) 1-5CTEs.
15. A composition as claimed in claims 8 to 14 for inducing an immune response against
an immunogen in an individual.
16. A method of producing a protein in a cell comprising the step of culturing a cell
comprises either:
a) a genetic construct that comprises
i) coding sequence for HIV-1 Rev, and
ii) coding sequence for said protein, wherein coding sequence for said
protein comprises
1) at least a portion of coding sequence for an HIV structural
protein that includes an RRE and
2) at least one CTE; or
b) at least two nucleic acid molecules wherein:

i) at least one nucleic acid molecule comprises a coding sequence for
HIV-1 Rev, and
ii) at least one nucleic acid molecule comprises a coding sequence for
said protein, wherein coding sequence for said protein comprises
1) at least a portion of coding sequence for an HIV structural
protein that includes an RRE and
2) at least one CTE.
17. The method as claimed in claim 16 comprising the step of culturing a cell that
comprises a genetic construct that comprises
i) coding sequence for HIV-1 Rev, and
ii) coding sequence for said protein, wherein coding sequence for said
protein comprises
1) at least a portion of coding sequence for an HIV structural
protein that includes an RRE and
2) at least one CTE.
18. The method as claimed in claim 16 comprising the step of culturing a cell that
comprises a genetic construct that comprises at least two nucleic acid molecules:
i) at least one nucleic acid molecule comprises a coding sequence for
HIV-1 Rev, and
ii) at least one nucleic acid molecule comprises a coding sequence for
said protein, wherein coding sequence for said protein comprises
1) at least a portion of coding sequence for an HIV structural
protein that includes an RRE and
2) at least one CTE.

Genetic constructs that comprise a coding sequence for HIV-1 Rev, and a coding sequence for a desired protein are
disclosed. Compositions that comprise at least two nucleic acid molecules in which at least one nucleic acid molecule comprises
a coding sequence for HIV-I Rev, and at least one nucleic acid molecule comprises a coding sequence lor a desired protein are
disclosed. In such genetic constructs and compositions comprising nucleic acid molecules, the coding sequence for the desired
protein comprises at least a portion of coding sequence for an HIV structural protein that includes an RRE and at least one CTE
Methods of inducing an immune response against an immunogen in an individual, methods of delivering proteins to an individual
and methods of producing proteins are also disclosed.

Documents:

912-kolnp-2005-granted-abstract.pdf

912-kolnp-2005-granted-assignment.pdf

912-kolnp-2005-granted-claims.pdf

912-kolnp-2005-granted-correspondence.pdf

912-kolnp-2005-granted-description (complete).pdf

912-kolnp-2005-granted-drawings.pdf

912-kolnp-2005-granted-examination report.pdf

912-kolnp-2005-granted-form 1.pdf

912-kolnp-2005-granted-form 18.pdf

912-kolnp-2005-granted-form 3.pdf

912-kolnp-2005-granted-form 5.pdf

912-kolnp-2005-granted-gpa.pdf

912-kolnp-2005-granted-reply to examination report.pdf

912-kolnp-2005-granted-specification.pdf


Patent Number 228790
Indian Patent Application Number 912/KOLNP/2005
PG Journal Number 07/2009
Publication Date 13-Feb-2009
Grant Date 11-Feb-2009
Date of Filing 17-May-2005
Name of Patentee THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA
Applicant Address 3160 CHESTNUT STREET, SUITE 200, PHILADELPHIA, PA
Inventors:
# Inventor's Name Inventor's Address
1 WEINER, DAVID, B 717 BEACOM LANE, MERION STATION, PA 19066
2 MUTHUMANI, KARUPPIAH 52 IVY LANE, CHERRY HILL, NJ 08002
PCT International Classification Number C12N 5/00
PCT International Application Number PCT/US2003/036924
PCT International Filing date 2003-11-19
PCT Conventions:
# PCT Application Number Date of Convention Priority Country
1 60/427,856 2002-11-19 U.S.A.