# US 6,296,845 B1 · Selective killing and diagnosis of p53+ neoplastic cells

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- Number: US 6,296,845 B1
- Document ID: US6296845B1
- Status: Granted
- Kind: B1
- Application number: 09/190,930
- Filed: 1998-11-12
- Granted: 2001-10-02
- Earliest claimed: 1997-12-12
- Assignees: Onyx Pharmaceuticals, Inc.
- Inventors: Adam Sampson-Johannes; David Kirn
- Web page: https://patentgrep.com/patent/US6296845B1

## CPC

- G01N 33/5758: {involving compounds serving as markers for tumours, cancers or neoplasias, e.g. cellular determinants, receptors, heat shock/stress proteins, A-protein, oligosaccharides or metabolites}
- A61K 35/761: Adenovirus
- A61P 35/00: Antineoplastic agents
- C12N 2710/10332: Use of virus as therapeutic agent, other than vaccine, e.g. as cytolytic agent
- C12N 2710/10362: by genetic engineering
- G01N: INVESTIGATING OR ANALYSING MATERIALS BY DETERMINING THEIR CHEMICAL OR PHYSICAL PROPERTIES (measuring or testing apparatus or processes other than immunoassay, involving enzymes or microorganisms C12M, C12Q)
- A61K: PREPARATIONS FOR MEDICAL, DENTAL OR TOILETRY PURPOSES (devices or methods specially adapted for bringing pharmaceutical products into particular physical or administering forms A61J3/00; chemical aspects of, or use of materials for deodorisation of air, for disinfection or sterilisation, or for bandages, dressings, absorbent pads or surgical articles A61L; soap compositions C11D)
- A61P: SPECIFIC THERAPEUTIC ACTIVITY OF CHEMICAL COMPOUNDS OR MEDICINAL PREPARATIONS
- C12N: MICROORGANISMS OR ENZYMES; COMPOSITIONS THEREOF; PROPAGATING, PRESERVING, OR MAINTAINING MICROORGANISMS; MUTATION OR GENETIC ENGINEERING; CULTURE MEDIA (microbiological testing media C12Q1/00)

## Abstract

Methods and compositions for treating and diagnosing neoplastic disease using viruses are provided. Preferably, mutant adenovirus lacking viral proteins which bind and/or inactivate p53 are administered to a patient having a neoplasm which comprises cells exhibiting p53 and lacking, or substantially devoid of mismatch repair activity. The mutant virus is able to substantially produce a replication phenotype in such neoplastic cells but is substantially unable to produce a replication phenotype in non-replicating, non-neoplastic cells having essentially normal p53 function. The preferential generation of a replication phenotype in neoplastic cells results in a preferential killing of the neoplastic cells, either directly or by expression of a cytotoxic gene in cells expressing a viral replication phenotype.

## Claims

### Claim 1

A method for ablating neoplastic cells in a cell population, comprising the steps of:
contacting under infective conditions (1) a recombinant replication deficient adenovirus lacking an expressed viral oncoprotein capable of binding a functional p53 tumor suppressor gene product, with (2) a cell population comprising non-neoplastic cells containing said functional tumor suppressor gene product capable of forming a bound complex with a viral oncoprotein, and neoplastic cells containing said functional tumor suppressor gene product and said neoplastic cells are deficient in or lack mismatch repair activity, thereby generating an infected cell population and ablating said neoplastic cells.

### Claim 2 (depends on 1)

A method according to claim 1, wherein the viral oncoprotein is an adenovirus E1b polypeptide.

### Claim 3 (depends on 1)

A method according to claim 1, wherein the neoplastic cells are p53(+).

### Claim 4 (depends on 1)

A method according to claim 1, wherein the recombinant replication deficient adenovirus is dl1520.

### Claim 5 (depends on 1)

A method according to claim 1, wherein said cell population comprising neoplastic cells and non-neoplastic cells is present in a mammal and said contacting step is performed in vivo by administering the recombinant replication deficient adenovirus to an individual.

### Claim 6 (depends on 1)

A method according to claim 1, wherein the recombinant replication deficient adenovirus is an E1a/E1b double mutant.

### Claim 7 (depends on 3)

A method according to claim 3, wherein the recombinant replication deficient adenovirus does not encode an E1a polypeptide capable of binding RB and also does not encode a E1b p55 polypeptide capable of binding p53.

### Claim 8 (depends on 5)

A method according to claim 5, wherein the mammal is a human.

### Claim 9

A method for diagnosing the susceptibility of a patient's tumor to treatment with recombinant adenovirus, said tumor comprising neoplastic cells that exhibit the tumor suppressor p53, and said recombinant adenovirus having the property of lacking an expressed viral oncoprotein capable of binding a functional p53 tumor suppressor gene product; comprising assaying said neoplastic cells for mismatch repair activity, and determining if said neoplastic cells are deficient in, or lack, said mismatch repair activity and if said neoplastic cells are deficient in, or lack mismatch repair activity diagnosing said cells as susceptible to treatment with said recombinant adenovirus.

### Claim 10 (depends on 9)

A method according to claim 9, wherein the recombinant replication deficient adenovirus is an E1b mutant.

### Claim 11 (depends on 9)

A method according to claim 9 wherein said mismatch repair activity is assayed enzymatically.

### Claim 12 (depends on 10)

A method according to claim 10, wherein the recombinant replication deficient adenovirus is Ad5 dl1520.