Geron to appeal European Patent Office's decision to cancel three claims

By Lisa Kerner

Charlotte, N.C., June 15 - Geron Corp. said it plans to appeal the European Patent Office's decision to cancel 3 of its 47 claims after a hearing regarding the company's European Patent No. EP 0 841 396 for the cloned human telomerase gene and its uses.

The three canceled claims pertain to immunogenic peptides of telomerase useful as vaccines, relevant to a peptide vaccine product being developed by Pharmexa.

In addition to the appeal, Geron will pursue other claims to provide protection for immunogenic peptides of telomerase in a divisional European patent application, according to a company news release.

"Our purpose is to obtain, on an expedited basis, a grant of claims that both avoid the issues raised in the opposition and cover the peptide vaccine being developed by Pharmexa," chief patent counsel David J. Earp said in the release.

"We are committed to protecting our commercialization opportunities in telomerase, predicated on a broad telomerase patent estate that includes more than 90 issued U.S. patents and 130 granted patents in other countries."

Geron is a Menlo Park, Calif.-based biopharmaceutical company.

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