AU1377299A - Hyperthermic inducible expression vectors for gene therapy and methods of use thereof - Google Patents

Description

WO 99/23216 PCT/US98/23387 HYPERTHERMIC INDUCIBLE EXPRESSION VECTORS FOR GENETHERAPY AND METHODS OF USE THEREOF BACKGROUND OF THE INVENTION 1. Field of the Invention 5 The present invention relates generally to the field of gene therapy. More particularly, it concerns methods and compositions for increasing transgene expression. 2. Description of Related Art Gene therapy now is thought to be widely applicable in the treatment of a 10 variety of cancers and a number of other diseases. Viral vectors are one method employed as a gene delivery system. A great variety of viral expression systems have been developed and assessed for their ability to transfer genes into somatic cells. In particular, retroviral and adenovirus based vector systems have been investigated extensively over a decade. Recently, adeno-associated virus (AAV) 15 has emerged as a potential alternative to the more commonly used retroviral and adenoviral vectors. Lipid vectors including catiomic lipids and liposomes also are used to deliver plasmid DNA containing therapeutic genes. The therapeutic treatment of diseases and disorders by gene therapy involves the transfer and stable or transient insertion of new genetic information into cells. 20 The correction of a genetic defect by re-introduction of the normal allele of a gene encoding the desired function has demonstrated that this concept is clinically feasible (Rosenberg et al., New Eng. J Med., 323:570 (1990)). Indeed, preclinical and clinical studies covering a large range of genetic disorders currently are underway to solve basic issues dealing with gene transfer efficiency, regulation of 25 gene expression, and potential risks of the use of viral vectors. The majority of clinical gene transfer trials that employ viral vectors perform ex vivo gene transfer WO 99/23216 PCT/US98/23387 2 into target cells which are then administered in vivo. Viral vectors also may be given in vivo but repeated administration may induce neutralizing antibody. A major issue facing potential clinical application of gene therapy is the question of how to heterologous genes expressed in clinically significant quantities 5 in selected tissues of the subject. Gene regulatory elements provide a potential answer to that question. Gene regulatory elements such as promoters and enhancers possess cell type specific activities and can be activated by certain induction factors via responsive elements. The use of such regulatory elements as promoters to drive gene expression facilitates controlled and restricted expression 10 of heterologous genes in vector constructs. For instance, heat shock promoters can be used to drive expression of a heterologous gene following heat shock. US Patent Nos. 5,614,381, 5,646,010 and WO 89/00603, refer to driving transgene expression using heat shock at temperatures greater than 42 0 C. These temperatures are not practicable in human therapy as they can not be maintained for 15 a sustained period of time without harm to the individual. Gene therapy could be used in combination with a variety of conventional cancer therapy treatments including cytotoxic drugs and radiation therapies. It has been shown that hyperthermia enhances the cell killing effect of radiation in vitro (Harisiadis et al., Cancer, 41:2131-2142 (1978)), significantly enhances tumor 20 response in animal tumors in vivo and improves the outcome in randomized clinical trials. However, the major problem with the use of hyperthermia treatment is that the hyperthermia system can not adequately heat large and deep tumors. Thus, it would be useful to develop vectors that may be used at temperatures of 42*C and below, systemically or locally, to treat a patient such that the 25 expression of the therapeutic gene(s) is activated preferentially in regions of the body that have been subjected to conditions which induce such expression.

WO 99/23216 PCT/US98/23387 3 SUMMARY OF THE INVENTION The present invention provides methods for effecting the inducible expression of polynucleotides in cells. In particular, the use of heat shock promoters in methods for effecting the inducible expression of polynucleotides in 5 mammalian cells is taught. The present invention overcomes deficiencies in the prior art by providing heat shock-controlled vectors that may be used at temperatures of 42'C and below. These methods may be used to treat a patient via the inducible expression of a therapeutic gene. In one embodiment, the present invention provides a method for effecting 10 transgene expression in a mammalian cell that comprises first providing an expression construct that comprises both (i) an inducible promoter operably linked to a gene encoding a transactivating factor and (ii) a second promoter operably linked to a selected polynucleotide. The second promoter is activated by the transactivating factor expressed by the same construct. The method then includes 15 the step of introducing the expression construct into the cell. Finally, the cell is subjected to conditions which activate the inducible promoter and result in the expression of the selected polynucleotide. In a preferred embodiment of the invention, the inducible promoter is a heat shock promoter and the conditions which activate the heat shock promoter are 20 hyperthermic conditions. The hyperthermic conditions may comprise a temperature between about basal temperature and about 42*C. As used herein the basal temperature of the cell is defined as the temperature at which the cell is normally found in its natural state, for example, a cell in skin of a mammal may be at temperatures as low as 33'C whereas a cell in the liver of an organism may be as 25 high as 39'C. In specific embodiments, the application of hyperthermia involves raising the temperature of the cell from basal temperature, most typically 37C. to about 42'C or less. Alternatively, the hyperthermic conditions may range from about 38 0 C to about 41 0 C, or from about 39'C to about 40'C. The heat shock promoter is optionally derived from a promoter selected from the group of the heat WO 99/23216 PCT/US98/23387 4 shock protein (HSP) promoters HSP70, HSP90, HSP60, HSP27, HSP72, HSP73, HSP25 and HSP28. The ubiquitin promoter may also be used as the heat-shock inducible promoter in the expression construct. A minimal heat shock promoter derived from HSP70 and comprising the first approximately 400 bp of the HSP70B 5 promoter may optionally be used in the invention. In an alternative embodiment, the inducible promoter comprises a hypoxia responsive element (HRE). This hypoxia-responsive element may optionally contain at least one binding site for hypoxia-inducible factor-I (HIF-1). In one embodiment of the invention, the second promoter may be selected 10 from the group consisting of an human immunodeficiency virus-i (HIV-1) promoter and a human immunodeficiency virus-2 (HIV-2) promoter. In preferred embodiments, the transactivating factor may be a transactivator of transcription (TAT). The selected polynucleotide may code for a protein or a polypeptide. For 15 instance, the selected polynucleotide may encode any one of the following proteins: ornithine decarboxylase antizyme protein, p53, pl 6 , neu, interleukin-1 (ILl), interleukin-2 (IL2), interleukin -4 (IL4), interleukin-7 (IL7), interleukin-12 (IL12), interleukin-15 (IL15), FLT-3 ligand, granulocyte-macrophage stimulating factor (GM-CSF), granulocyte-colony stimulating factor (G-CSF), gamma-interferon 20 (IFNy), alpha-interferon (IFNca), tumor necrosis factor (TNF), herpes simplex virus thymidine kinase (HSV-TK), I-CAM1, human leukocyte antigen-B7 (HLA-B7), or tissue inhibitor of metalloproteinases (TIMP-3). In such an embodiment, the selected polynucleotide is positioned in a sense orientation with respect to the second promoter. 25 Alternatively, expression of the selected polynucleotide may involve transcription but not translation and produces a ribozyme. In this embodiment, the selected polynucleotide is also positioned in a sense orientation with respect to the second promoter.

WO 99/23216 PCT/US98/23387 5 In still another alternative embodiment, the expression of the selected polynucleotide involves transcription but not translation and results in an RNA molecule which serves as an antisense nucleic acid. In such an embodiment, the selected polynucleotide may be the target gene, or a fragment thereof, which is 5 positioned in the expression construct in an antisense orientation with respect to said second promoter. The expression construct may further comprise a gene encoding a selectable marker, such as hygromycin resistance, neomycin resistance, puromycin resistance, zeocin, gpt, DHFR, green fluorescent protein or histadmiol. Alternatively, the 10 expression construct may further comprise (i) a second selected polynucleotide which is operably linked to said second promoter, and (ii) an internal ribosome entry site positioned between said first and second selected polynucleotides. The cell may be a tumor cell, a cell located within a tumor, or a cell located within a mammal. The introduction of the expression construct into the cell may 15 occur in vitro or in vivo. In an one embodiment, the introduction of the expression construct into the cell is mediated by a delivery vehicle selected from the group consisting of liposomes, retroviruses, adenoviruses, adeno-associated viruses, lentiviruses, herpes simplex viruses, and vaccinia viruses. In another embodiment of the invention, a method of providing a subject 20 with a therapeutically effective amount of a product of a selected gene is provided. This method involves providing a first expression construct which comprises an inducible promoter operably linked to a gene encoding a transactivating factor and providing a second expression construct which comprises a second promoter operably linked to a selected polynucleotide, where the second promoter is 25 activated by the transactivating factor encoded by the first expression construct. The first and second expression construct are introduced into the desired cell of said subject and that cell is subjected to conditions which activate the inducible promoter, so that expression of the selected polynucleotide is induced. In a preferred embodiment, the first and second expression constructs are present on the WO 99/23216 PCT/US98/23387 6 same vector. Also, the inducible promoter is preferably a heat shock promoter and the activating conditions comprise a temperature below 42'C and above about basal temperature. The introduction of one or both of the expression constructs may be 5 performed either in vivo or ex vivo. The expression product of the selected polynucleotide may optionally be deleterious to a pathogen in the subject, such as a virus, bacterium, fungus, or parasite. Alternatively, the expression product of the selected polynucleotide may inhibit the growth of the cell of the subject. In still another alternative embodiment of the invention, the expression product of the 10 selected polynucleotide replaces a deficient protein in the subject. Alternatively, the expression product of the selected polynucleotide may promote nerve regeneration. In further embodiments, there is provided a method of treating cancer in a mammal, such as a human, comprising the steps of (a) providing an expression 15 construct that comprises (i) an inducible promoter, preferably a heat shock promoter, which is operably linked to a gene encoding a transactivating factor; and (ii) a second promoter operably linked to a selected polynucleotide, wherein the second promoter is activated by the transactivating factor; (b) introducing said expression construct into a tumor cell; and (c) subjecting the tumor cell to 20 conditions which activate the inducible promoter so that the selected polynucleotide is expressed in high enough quantities to inhibit the growth of the tumor cell. If the inducible promoter is a heat shock promoter, the activating conditions comprise a temperature below about 42'C and above about basal temperature. This method further may comprise treating said tumor cell with an 25 established form of therapy for cancer which is selected from the group consisting of external beam radiation therapy, brachytherapy, chemotherapy, and surgery. The cancer may optionally be selected from the group consisting of cancers of the brain, lung, liver, spleen, kidney, lymph node, small intestine, pancreas, blood cells, WO 99/23216 PCT/US98/23387 7 colon, stomach, breast, endometrium, prostate, testicle, ovary, vulva, cervix, skin, head and neck, esophagus, bone marrow and blood. In one particular embodiment of the invention, the selected polynucleotide is ornithine decarboxylase antizyme protein. After the cell is subjected to conditions 5 which activate the inducible promoter of the expression construct in the tumor cell, the tumor cell is treated with the radioprotector WR-33278 or WR-1065. Lastly, the tumor cell is treated with radiation therapy. Methods for provoking an immune response in a mammal, such as a human, are also provided by the present invention. The provoked immune response may 10 constitute either a humoral immune response or a cellular immune response. In one embodiment, the method comprises (a) providing an expression construct that comprises (i) an inducible promoter, preferably a heat shock promoter, which is operably linked to a gene encoding a transactivating factor; and (ii) a second promoter operably linked to a selected polynucleotide, wherein the second 15 promoter is activated by the transactivating factor; (b) introducing said expression construct into a cell in the mammal; and (c) subjecting the cell to conditions which activate the inducible promoter so that the selected polynucleotide is expressed highly enough to provoke an immune response in the mammal. If the inducible promoter is a heat shock promoter, the activating conditions comprise a temperature 20 below about 42'C and above about basal temperature. In one embodiment, the immune response which is provoked is directed against the cell in the mammal which contains the expression construct. The method may also optionally involve treating the cell with an established form of therapy for cancer selected from the group consisting of chemotherapy, external 25 beam radiation therapy, brachytherapy, and surgery. In another embodiment, there is provided an expression construct comprising (a) a gene encoding a transactivating factor; (b) an inducible promoter operably linked to the gene; (c) a selected polynucleotide; and (d) a second promoter which WO 99/23216 PCT/US98/23387 8 is operably linked to the selected polynucleotide. The second promoter of the construct is activated by the transactivating factor. In a preferred embodiment, the inducible promoter is a heat shock promoter and the expression of the selected polynucleotide can be induced by hyperthermic conditions comprising a 5 temperature below about 42'C and above about 37 0 C. In an alternative embodiment, the inducible promoter of the expression construct may comprise a hypoxia-responsive element. The expression construct may also comprise a second selected polynucleotide which is also operably linked to the second promoter and separated by the first selected polynucleotide by a IRES. 10 A cell comprising the expression construct is also provided. The provided expression construct can also optionally be used in a method of altering the genetic material of a mammal. Other objects, features and advantages of the present invention will become apparent from the following detailed description. It should be understood, 15 however, that the detailed description and the specific examples, while indicating preferred embodiments of the invention, are given by way of illustration only, since various changes and modifications within the spirit and scope of the invention will become apparent to those skilled in the art from this detailed description. BRIEF DESCRIPTION OF THE DRAWINGS 20 The following drawings form part of the present specification and are included to further demonstrate certain aspects of the present invention. The invention may be better understood by reference to one or more of these drawings in combination with the detailed description of specific embodiments presented herein. 25 FIG. 1 depicts the basic vector used for quantitating heat shock promoter activity. The plasmid contains a minimal promoter derived from the HSP70B promoter (StressGen). A reporter gene, such as Enhanced Green Fluorescence WO 99/23216 PCT/US98/23387 9 Protein (EGFP), p-gal, or IL-2 is easily inserted into the multiple cloning site (MCS) so that it is expressed under control of the minimal HSP70B promoter. The plasmid also contains the neomycin and ampicillin resistance genes for selectability in mammalian cells as well as the standard elements for growth in a bacterial 5 system. The S8 plasmid comprises the plasmid shown with EGFP inserted in the multiple cloning site. FIG. 2 shows fluorescence activated cell sorting (FACS) histograms for DU 145 cells stably transfected with the S8 plasmid. Fluorescence increases from left to right. The top histogram is from transfected DU-145 cells which have not been 10 subjected to heat shock. The bottom histogram is from transfected DU-145 cells which have been subjected to a 42'C heat shock for 1 hour. FIG. 3 shows FACS histograms for three different populations of S8 transfected MCF7 cells. The MCF7 cells, transfected with the S8 construct, were sorted by FACS. The original population came from a polyclonal selected cell line. 15 That cell line's activated (i. e., cells expressing EGFP) population was separated from the non-activated population. After the sort, the positive population was grown and then re-sorted to obtain a more purely positive cell line. In this case, the polyclonal MCF7-S8-P cells were sorted twice yielding the highly positive population MCF7-S8-PS2. 20 FIG. 4 shows expression of EGFP in different cell lines assayed by FACS. Cell lines were transfected with the plasmid S8. The cells were then cloned or a polygonal line was grown. In some cases the cell lines were sorted for EGFP expression by FACS. The total mean fluorescence was quantified and graphed. FIG. 5 shows expression of EGFP in stably transfected DU-145 cells which 25 have been twice sorted (DU-S8-PS2) following heat shock. The DU-S8-PS2 cells were heated at either 40'C or 42'C and allowed to recover for various times. The cells were then analyzed by FACS.

WO 99/23216 PCT/US98/23387 10 FIG. 6 shows expression levels of EGFP in stably transfected DU-145 cells 16 hours after exposure to heat stresses. One population of cells (DU-S8-PS2) was stably transfected with the S8 plasmid. Another population (DU-V9-PS2) was stably transfected with the V9 plasmid, a plasmid identical to S8 except that the 5 EGFP of the V9 plasmid is operably linked to a CMV promoter, rather than HSP 70B (see FIG. 7). The cells were heated at various temperatures and allowed to recover for 16 hours. Non-transfected DU-145 cells were included as a control. FIG. 7 shows a schematic diagram of the plasmid V9 which contains a CMV promoter that is operably linked to the gene encoding the Enhanced Green 10 Fluorescence Protein (EGFP) FIG. 8 shows the basic vector design for a vector containing a second promoter which allows for amplification of the heat shock response. The plasmid contains a multiple cloning site (MCS) operably linked to HSP70B promoter, but also contains a therapeutic gene operably linked to a second promoter. The plasmid 15 also contain the neomycin resistance gene, the ampicillin resistance gene, and standard elements for growth in bacteria. In the plasmid pC8, the second promoter is the HIV-1 long terminal repeat (LTR) and the therapeutic gene is IL2. In pfl2, tat is inserted in the MCS, the second promoter is the HIV-1 LTR, and the therapeutic gene is IL2. Another plasmid, p007, is the same as pf 12, except that the 20 HIV-2 LTR is used as the second promoter. FIG. 9 shows amplifier constructs containing the therapeutic gene IL-2 driven by either the HIV- 1 or the HIV-2 promoter. The amplifier part is controlled by either the CMV or the HSP 70 promoter driving TAT expression. The plasmids also contain the neomycin resistance gene and elements for growth in bacteria. 25 These constructs were used in the amplifier studies of Examples 2 and 3. FIG. 9A shows a plasmid designated X14 containing a CMV-TAT-HIV-1-IL2 expression cassette; FIG. 9B shows a plasmid designated Y15 containing a CMV-TAT-HIV-2 IL2 expression cassette; FIG. 9C shows a plasmid designated pfl2 containing an WO 99/23216 PCT/US98/23387 11 HSP-TAT-HIV-1-IL2 expression cassette; and FIG. 9D shows a plasmid designated p007 containing an HSP-TAT-HIV-2-IL2 expression cassette. FIG 10. shows the DNA sequence of the BamHl-HindIII fragment of p1730R from StressGen Biotechnology Corp. This fragment contains the 5 approximately 0.4kb minimal HSP70B promoter fragment used in constructs of the specific examples, Example 1 and 3, below. DESCRIPTION OF ILLUSTRATIVE EMBODIMENTS 1. The Present Invention Gene therapy faces two major technical problems: how to both regulate and 10 enhance the expression of therapeutic genes in vivo. The present invention addresses both of these questions by combining hyperthermia treatment with inducible expression constructs. The inventors have demonstrated increases in the efficiency of specific, inducible gene expression. The ability to express therapeutic gene(s) at very high levels and the ability 15 to control the levels of expression are important objectives in the development of gene therapy. The inventors have created new sets of expression vectors to address these objectives. The inventors use an amplifier strategy to drive the expression of the gene(s) of interest. The amplifiers consist of the human HSP70B promoter driving expression of proteins that are transcriptional activators of other promoters, 20 which, in turn, drive reporter genes. These additional promoters and their operably linked reporter genes are preferably included in the same vector with the HSP70B promoter element and the gene encoding the transactivating protein. In transfection studies of mammalian cells using human IL-2 as the reporter gene, the inventors have shown that gene expression was dramatically increased 25 using their amplifier constructs for all temperature conditions used, compared to reporter gene expression produced by the constitutive CMV promoter or by HSP70B alone (see specific example, Example 3, below). Constructs containing WO 99/23216 PCT/US98/23387 12 both the HSP70B promoter, upstream of the human immunodeficiency virus (HIV) tat gene, and the HIV1 or HIV2 long terminal repeats, upstream of the interleukin-2 (IL-2) gene, exhibited promoter activity at 37'C which was further amplified by heat shock. Co-transfection experiments indicated that the activities of the HSP, 5 HSP/HIV1 and HSP/HIV2 promoter expression constructs were 0.4, 6.9 and 83.3, respectively, times that of the CMV promoter expression construct in mammalian cells. These data indicate that, while less active than the CMV promoter by itself, this minimal heat shock promoter can be used in conjunction with a second promoter to markedly amplify gene expression while still maintaining some 10 temperature dependence. Earlier studies have examined the use of the heat shock promoter to drive the expression of transactivating proteins to conditionally express other promoters (Schweinfest et al., Gene, 71(l):207-210, 1988; EPO 01 18393; WO 89/00603, U.S. Patent No. 5,614,381; U.S. Patent No. 5,646,010; EP 0 299 127). The 15 inventions described herein differ from these earlier approaches, for example, by use of 1) different heat shock promoters, (Schweinfest et al., use Drosophila promoters) 2) different modes of delivery (the present inventors have incorporated both promoters into a single construct - whereas others have used co-transfection) 3) different temperatures for induction (the earlier work used temperatures greater 20 than 42"C, whereas the present invention advantageously operates at temperatures of 42'C and lower); and 4) use in gene therapy context rather industrial production. Furthermore, the present inventors are able to use either HIV-1 or HIV-2 promoters and the present invention shows a clear distinction in the expression levels resulting from these two promoters. 25 In a preferred aspect of the present invention, methods of effecting transgene expression in a mammalian cell by using a heat shock inducible element are provided. The heat shock sequence is used to drive the expression of a transactivating gene. Thus, when the expression construct is subjected to hyperthermia, the expression of the transactivating element is induced. The WO 99/23216 PCT/US98/23387 13 transactivating gene acts upon a second promoter which becomes activated to drive the expression of the therapeutic gene of interest. In a particular embodiment, a promoter derived from the HSP70 promoter is employed. A particularly useful aspect of this promoter is that it has a low basal level of expression at ambient 5 temperatures and is inducible. The present invention further provides methods of providing a subject with a therapeutically effective amount of a gene product and for inhibiting the growth of a cell or provoking an immune response. Compositions and methods employed in order to meet the objectives of the present invention are discussed in further detail herein below. 10 2. Heat Shock Response The heat shock or stress response is a universal response occurring in organisms ranging from plants to primates. It is a response that can be elicited as a result of not only heat shock, but also as a result of a variety of other stresses including ischemia, anoxia, glucose deprivation, ionophores glucose and amino acid 15 analogues, ethanol, transition series metals, drugs, hormones and bacterial and viral infections. Furthermore, there is evidence that overexpression of heat shock protein genes may be associated with enhanced proliferation and stress of tumor cells (Finch et al., Cell Growth and Differentiation 3(5):269-278, 1992). This response is characterized by the synthesis of a family of well conserved proteins of varying 20 molecular sizes that are differently induced and localized. These proteins are among the most phylogenetically conserved and are characterized according to their weights. The transcriptional activation of stress protein-encoding genes occurs within minutes in response to environmental and or physiological trauma. This speedy 25 response has been attributed to the lack of introns in the vast majority of heat shock proteins. This absence of introns allows heat shock proteins to circumvent a block in intron processing that occurs at elevated temperature. Thus, the heat shock WO 99/23216 PCT/US98/23387 14 protein is translated with very high efficiency, often at the expense of other proteins. The activation of the stress genes is mediated by the conversion of a pre existing heat shock transcription factor (HSF) from an inactive to an active form. 5 There is a large difference in the molecular weight of this DNA-binding protein (e.g., 83 kDa in humans and 150 kDa in yeast). The heat shock element is a conserved upstream regulatory sequence of HSP70 to which HSF binds. Although the main function of heat shock proteins is in facilitating protein folding and preventing aggregation, it is apparent that these proteins play some role in providing 10 an organism with a protective mechanism against environmental insult and aid recovery subsequent to trauma. Like most eukaryotic sequence-specific transcription factors, HSF acts through a highly conserved response element found in multiple copies upstream of the heat shock gene. The heat shock response element is composed of three 15 contiguous inverted repeats of a 5-base pair sequence whose consensus was defined as nGAAn and more recently defined as AGAAn. The regulation of HSF primarily comprises a change in activity rather than an alteration in synthesis or stability. 3. Hyperthermia Therapy Many clinical studies have shown the effectiveness of hyperthermia as an 20 adjunctive treatment for malignancies, when used in combination with radiotherapy or chemotherapy (Hahn, G.M., Hyperthermia and Cancer, 2nd Ed., New York, Plenum, 1982; Scott, et al., Int. J. Rad Oc. Biol. Phys. 10(11) 2219-2123, 1984; Lindholm, et al., Rec. Res. in Cancer Res. 107:152-156, 1988. The rationale for heat application, indication and contraindications, is developed on the basis of 25 experimental evidence that desirable physiological responses can be produced by the use of heat and on the basis of controlled clinical studies. Lehman provides a comprehensive treatise for the therapeutic use of heat in other applications (Therapeutic Heat and Cold, Rehabilitation Medicine Library, published by WO 99/23216 PCT/US98/23387 15 Williams & Wilkins, 1990, incorporated by reference) the reader is referred in particular to Chapter 9, which discusses the use of heat in the context of therapeutic interventions, both medical and surgical. "Hyperthermia" is intended to refer to a temperature condition that is greater 5 than the ambient temperature of the subject to which the treatment is being administered. Hence, a hyperthermic temperature, as used herein, will typically range from between about 37'C to about 42'C. In preferred embodiments, the temperature will range from about 38'C to about 42"C, in other embodiments, the temperature range will be from about 39'C to about 41 C, in other embodiments, 10 the temperature will be about 40'C. With the devices currently available for the application of hyperthermia in adjuvant therapies it is possible to maintain the temperature of hyperthermia treatment to within about 0.5'C for temperatures up to 42'C. Hence, the therapeutic treatments of the present invention may be carried out at 37.0-C, 37.2-C, 37.4"C, 37.6-C, 37.8*C, 38.2-C, 38.4-C, 38.6-C, 38.8-C, 39.2-C, 15 39.4-C, 39.6-C, 39.8-C, 40.2-C, 40.4-C, 40.6-C, 40.8-C, 41.2-C, 41.4-C, 41.6-C, 41.8'C, or 42.0'C. Prior to the present invention, efficacy of hyperthermia required that temperatures within a tumor(s) remain above about 43'C for 30 to 60 min, while safety considerations limit temperatures in normal tissues to below 42'C. Achieving uniform temperatures above 42'C in tumors is very difficult and often 20 not possible. Tissues in mammals can be heated using a number of technologies including ultrasound, electromagnetic techniques, including either propagated wave (e.g., microwaves), resistive (e.g., radiofrequency) or inductive (radiofrequency or magnetic) procedures (Hahn, G.M., Hyperthermia and Cancer, 2nd Ed., New York, 25 Plenum, 1982; Lehman, L.B., Postgard Med., 88(3):240-243, 1990; both herein incorporated by reference). In some simple applications, tissue temperatures can be elevated using circulated hot air or water. U.S. Pat. No. 4,230,129 to Le Veen, herein incorporated by reference, refers to a method of heating body tissue and monitoring temperature changes in the WO 99/23216 PCT/US98/23387 16 tumor in real time with the aid of a scintillation detector. The method provides for the coupling of radiofrequency (RF) energy to the patient's body to avoid any significant heat absorption in the fatty tissues. This is obtained by focusing the RF energy on the tumor with an orbital movement of the applicator so that energy is 5 not constantly being applied to the same confined area within the patient's body. U.S. Pat. No. 3,991,770 to Le Veen, also herein incorporated by reference, teaches a method of treating a tumor in a human by placing the part of the human body containing the tumor in a radiofrequency electromagnetic field to heat the tumor tissue and cause necrosis of the tumor without damaging the adjacent normal tissue. 10 In preferred embodiments, of the present invention, hyperthermia is applied in combination with the gene therapy vectors disclosed herein to achieve inducible gene expression at a particular tumor site. Furthermore, the hyperthermia/gene therapy treatment regimens may be used in combination with other conventional therapies, such as the chemotherapies and radiotherapies discussed below, to 15 effectively treat cancer. Other methods for inducing hyperthermia also are known in the art. Methods and devices for the regional and/or systemic application of hyperthermia are well know to those of skill in the art and are disclosed in for example, U.S. Patent Nos. 5,284,144; 4,230,129; 4,186,729; 4,346,716; 4,848,362; 4,815,479; 4,632,128, all incorporated herein by reference. 20 4. Engineering Expression Constructs In certain embodiments, the present invention involves the manipulation of genetic material to produce expression constructs that encode therapeutic genes. Such methods involve the use of an expression construct containing, for example, a heterologous DNA encoding a gene of interest and a means for its expression, 25 replicating the vector in an appropriate helper cell, obtaining viral particles produced therefrom, and infecting cells with the recombinant virus particles. The gene will be a therapeutic gene, for example to treat cancer cells, to express immunomodulatory genes to fight viral infections, or to replace a gene's function as a result of a genetic defect. In the context of the gene therapy vector, the gene will WO 99/23216 PCT/US98/23387 17 be a heterologous DNA, meant to include DNA derived from a source other than the viral genome which provides the backbone of the vector. Finally, the virus may act as a live viral vaccine and express an antigen of interest for the production of antibodies thereagainst. The gene may be derived from a prokaryotic or eukaryotic 5 source such as a bacterium, a virus, a yeast, a parasite, a plant, or an animal. The heterologous DNA also may be derived from more than one source, i.e., a multigene construct or a fusion protein. The heterologous DNA also may include a regulatory sequence which may be derived from one source and the gene from a different source. 10 a) Therapeutic Genes The selected polynucleotide of the present invention may optionally be a therapeutic gene. Any of a wide variety of therapeutic genes are suitable for use in the vectors and methods described herein. Therapeutic genes which are suitable for application of the present invention to a particular disorder, medical condition, or 15 disease will be discernible to one skilled in the art. In one embodiment of the invention, the selected polynucleotide is the gene encoding for ornithine decarboxylase antizyme protein. The ornithine decarboxylase (ODC) antizyme protein is an important component of feedback regulation of intracellular polyamine pool sizes (Hayashi et al., Trends in 20 Biochemical Sciences 21(1):27-30, 1996, herein incorporated by reference). The levels of this protein are directly related to levels of intracellular polyamines, which stimulate translation of antizyme message. Antizyme protein targets ornithine decarboxylase, the first and often rate-limiting enzyme in polyamine synthesis, for degradation. This protein also suppresses polyamine uptake. Thus, low levels of 25 endogenous polyamines lead to low levels of antizyme which in turn maximizes polyamine synthesis via ODC and polyamine uptake. Conversely, high levels of endogenous polyamines cause high levels of antizyme protein, which in turn minimize polyamine synthesis via ODC and suppress polyamine uptake.

WO 99/23216 PCT/US98/23387 18 The radioprotector WR-33278 (N,N"-(dithiodi-2,1-ethanediyl)bis-1,3 propanediamine) is a disulfide-containing polyamine analog, which is taken up by cells using the polyammie transporter (Mitchell et al., Carcinogenesis, 16:3063 3068, 1995, herein incorporated by reference). This transporter is inhibited by 5 antizyme. Evidence from animal models indicates that this radioprotector is taken up by at least some normal tissues to a greater extent than some tumors (Ito et al., International Journal of Radiation Oncology, Biology, Physics 28:899-903, 1994). Agents like WR-33278 have been used in clinical radiotherapy in attempts to protect dose-limiting normal tissues from toxicity, without reducing the tumor 10 control effectiveness of radiotherapy (Spencer and Goa, Drugs, 50(6):1001-31, 1995, herein incorporated by reference). Rationale for the difference in uptake of WR-33278 may be that proliferating tumor cells often contain higher levels of polyamines than do non-proliferating cells in normal tissues. Thus, tumors would express higher levels of antizyme than would normal tissues. 15 The inventors have placed an antizyme cDNA lacking the sequences necessary for polyamine-dependent regulation under the control of the human heat shock 70B promoter. The inventors have stably transfected human prostate cancer derived DU-145 cells with this construct and have selected clones which display heat-inducible suppression of polyamine uptake (indicating heat-inducible antizyme 20 activity). The therapeutic application of this gene therapy (HSP70B promoter regulation of antizyme expression) will be put to use in future clinical trials in men with localized prostate cancer. Patients are treated with this gene therapy, administered intratumorally, combined with systemic WR-33278 and localized radiotherapy. Expression of antizyme intratumorally is then activated by localized 25 hyperthermia. Dose-limiting normal tissues adjacent to these prostate tumors will not express antizyme in response to hyperthermia and will take up the radioprotector WR-33278, while the tumor tissue will not take up the radioprotector because they will express antizyme in response to hyperthermia. This strategy will allow higher doses of radiotherapy to be given to the prostate, with the intent to 30 improve local control of prostate cancers.

WO 99/23216 PCT/US98/23387 19 In an alternative embodiment, other metabolic products of the cytoprotective drug ethyol (also known as amifostine, WR-2721, or S-2-(3 aminopropylamino)ethylphosphororthioic acid) other than WR33278 may be used in conjunction with the expression constructs described herein. For instance, WR 5 1065 (2-(3-aminopropylamino)ethanethiol) may be instead used as the radioprotector. There are many other genes that may be delivered using the vectors of the present invention. For instance, it is contemplated that the vectors of the present invention may be used to transfer tumor suppressors, antisense oncogenes and 10 prodrug activators, such as the HSV-TK gene (Rosenfeld et al., Annals of Surgery, 225:609-618, 1997; Esandi et al., Gene Therapy, 4:280-287, 1997), for the treatment of cancer. Other genes which could optionally be used in the expression constructs of the present invention include p53, p16, p21, p27, C-CAM, HLA-B7 (Gleich, et al., Arch Otolaryngol Head Neck Surg, 124:1097-104, 1998; Heo et al., 15 Hum. Gene Ther. 9:2031-8, 1998; Nabel et al., Proc. Nat. Acad. Sciences USA, 90:15388-15393, 1996; Stopeck et al., Journal of Clinical Oncology, 15:341-349, 1997), IL2 (O'Malley et al., Molecular Endocrinology, 11:667-673, 1997; Otova et al., Folia Biologica, 43:25-32, 1997), IL4 (Kling, Nature Biotechnology, 15:316 317, 1997), IL7 (Toloza et al., Annals of Surgical Oncology, 4:70-79, 1997; 20 Sharma et al., Cancer Gene Therapy, 3:303-313, 1996), IL12 (Hiscox and Jiang, In Vivo, 11:125-137, 1997; Chen et al., Journal of Immunology, 159:351-359, 1997), GM-CSF (Kreitman and Pastan, Blood, 90:252-259, 1997; Homick et al., Blood, 89:4437-4447, 1997; Lanza et al., Haematologica, 82:239-245, 1997), IFNy (Noguchi et al., Clinical Infectious Diseases, 24:992-994, 1997; Kanemaru et al., 25 European Archives of Oto-Rhino-Laryngology, 254:158-162, 1997; Tanaka et al., Journal of Gastroenterology and Hepatology, 11:1155-1160, 1996; Imai et al., Liver, 17:88-92, 1997), I-CAM1, and TNF (Corcione et al., Annals of the New York Academy of Sciences, 815:364-366, 1997). (All articles cited in this paragraph are herein incorporated by reference.) WO 99/23216 PCT/US98/23387 20 p53 currently is recognized as a tumor suppressor gene (Montenarh, Crit. Rev. Oncogen, 3:233-256, 1992). High levels of mutant p53 have been found in many cells transformed by chemical carcinogenesis, ultraviolet radiation, and several viruses, including SV40. The p53 gene is a frequent target of mutational 5 inactivation in a wide variety of human tumors and already is documented to be the most frequently-mutated gene in common human cancers. It is mutated in over 50% of human NSCLC and in a wide spectrum of other tumors. P1 6 1NK4 belongs to a newly described class of CDK-inhibitory proteins that also includes p 16 B p 2 lWAF1, CIP1, SDII and p 2 7 KIPI. The p 16 NK4 gene maps to 9p21, a 10 chromosome region frequently deleted in many tumor types. Homozygous deletions and mutations of the p16NK4 gene are frequent in human tumor cell lines. This evidence suggests that the p 16 1NK4 gene is a tumor suppressor gene. This interpretation has been challenged, however, by the observation that the frequency of the p1 6 INK4 gene alterations is much lower in primary uncultured tumors than in 15 cultured cell lines. Restoration of wild-type p 16 NK4 function by transfection with a plasmid expression vector reduced colony formation by some human cancer cell lines (Okamoto, et al., Proc. Natl. Acad Sci. USA, 91:11045-11049, 1994; Arap, et al., Cancer Res., 55:1351-1354, 1995, both herein incorporated by reference). C-CAM is expressed in virtually all epithelial cells. C-CAM, with an 20 apparent molecular weight of 105 kD, originally was isolated from the plasma membrane of the rat hepatocyte by its reaction with specific antibodies that neutralize cell aggregation. Recent studies indicate that, structurally, C-CAM belongs to the immunoglobulin (Ig) superfamily and its sequence is highly homologous to carcinoembryonic antigen (CEA). The first Ig domain of C-CAM 25 has been shown to be critical for cell adhesion activity. Cell adhesion molecules, or CAMs are known to be involved in a complex network of molecular interactions that regulate organ development and cell differentiation (Edelman, Annu. Rev. Biochem., 54:135-169, 1985). Recent data indicate that aberrant expression of CAMs may be involved in the tumorigenesis of WO 99/23216 PCT/US98/23387 21 several neoplasms; for example, decreased expression of E-cadherin, which predominantly is expressed in epithelial cells, is associated with the progression of several kinds of neoplasms. Also, Giancotti and Ruoslahti, Cell, 60:849-859, 1990, incorporated herein by reference, demonstrated that increasing expression of a 5 1 5 integrin by gene transfer can reduce tumorigenicity of Chinese hamster ovary cells in vivo. C-CAM now has been shown to suppress tumor growth in vitro and in vivo. Other tumor suppressors that may be employed according to the present invention. For example, the selected polynucleotide may be any one of the 10 following genes: retinoblastoma (Rb); adenomatous polyposis coli gene (APC); deleted in colorectal carcinomas (DCC); neurofibromatosis 1 (NF-1); neurofibromatosis 2 (NF-2); Wilm's tumor suppressor gene (WT-1); multiple endocrine neoplasia type 1 (MEN-1); multiple endocrine neoplasia type 2 (MEN 2); BRCA1; von Hippel-Lindau syndrome (VHL); mutated in colorectal cancer 15 (MCC); p16; p21; p57; p27; and BRCA2. In an alternative embodiment of the invention, the methods and vectors of the present invention may be used to promote regeneration processes, such as nerve regeneration, by stimulating the production of growth factors or cytokines. In such an embodiment the selected polynucleotide may be a neurotrophic factor. For 20 instance, the selected polynucleotide may encode ciliary neurotrophic factor (CNTF), brain-derived neurotrophic factor (BDNF), or glial cell line-derived neurotrophic factor (GDNF) (Mitsumoto et al., Science, 265:1107-1110, 1994 and Gash et al., Ann. Neurol., 44(3 Suppl 1):S121-125, 1998, both herein incorporated by reference). Alternatively, the selected polynucleotide of the expression 25 construct may optionally encode tyrosine hydroxylase, GTP cyclohydrolase 1, or aromatic L-amino acid decarboxylase (Kang, Mov. Disord., 13 Suppl 1:59-72, 1998, herein incorporated by reference). In still another embodiment, the therapeutic expression construct may express; a growth factor such as insulin-like WO 99/23216 PCT/US98/23387 22 growth factor-I (IGF-I) (Webster, Mult. Scler., 3:113-120, 1997, incorporated herein by reference). Examples of other diseases for which the present vectors are useful include but are not limited to hyperproliferative diseases and disorders, such as rheumatoid 5 arthritis or restenosis by transfer of therapeutic genes, e.g., gene encoding angiogenesis inhibitors or cell cycle inhibitors. b) Antisense constructs Oncogenes such as ras, myc, neu, raf; erb, src, fms, jun, trk, ret, gsp, hst, bcl and abl also are suitable targets. However, for therapeutic benefit, these oncogenes 10 would be expressed as an antisense nucleic acid, so as to inhibit the expression of the oncogene. The term "antisense nucleic acid" is intended to refer to the oligonucleotides complementary to the base sequences of oncogene-encoding DNA and RNA. Antisense nucleic acid, when expressed in a target cell, specifically bind to their target nucleic acid and interfere with transcription, RNA processing, 15 transport and/or translation. Targeting double-stranded (ds) DNA with polynucleotides leads to triple-helix formation; targeting RNA will lead to double helix formation. Antisense constructs may be designed to bind to the promoter and other control regions, exons, introns or even exon-intron boundaries of a gene. Antisense 20 RNA constructs, or DNA encoding such antisense RNAS, may be employed to inhibit gene transcription or translation or both within a host cell, either in vitro or in vivo, such as within a host animal, including a human subject. Nucleic acid sequences comprising "complementary nucleotides" are those which are capable of base-pairing according to the standard Watson-Crick complementary rules. That is, 25 that the larger purines will base pair with the smaller pyrimidines to form only combinations of guanine paired with cytosine (G:C) and adenine paired with either thymine (A:T), in the case of DNA, or adenine paired with uracil (A:U) in the case of RNA.

WO 99/23216 PCT/US98/23387 23 As used herein, the terms "complementary" or "antisense sequences" mean nucleic acid sequences that are substantially complementary over their entire length and have very few base mismatches. For example, nucleic acid sequences of fifteen bases in length may be termed complementary when they have a 5 complementary nucleotide at thirteen or fourteen positions with only single or double mismatches. Naturally, nucleic acid sequences which are "completely complementary" will be nucleic acid sequences which are entirely complementary throughout their entire length and have no base mismatches. While all or part of the gene sequence may be employed in the context of 10 antisense construction, statistically, any sequence 17 bases long should occur only once in the human genome and, therefore, suffice to specify a unique target sequence. Although shorter oligomers are easier to make and increase in vivo accessibility, numerous other factors are involved in determining the specificity of hybridization. Both binding affmity and sequence specificity of an oligonucleotide 15 to its complementary target increases with increasing length. It is contemplated that oligonucleotides of 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 or more base pairs will be used. One can readily determine whether a given antisense nucleic acid is effective at targeting of the corresponding host cell gene simply by testing the constructs in vitro to determine whether the endogenous gene's function is 20 affected or whether the expression of related genes having complementary sequences is affected. In certain embodiments, one may wish to employ antisense constructs which include other elements, for example, those which include C-5 propyne pyrimidines. Oligonucleotides which contain C-5 propyne analogues of uridine and cytidine 25 have been shown to bind RNA with high affinity and to be potent antisense inhibitors of gene expression (Wagner et al., Science, 260:1510-1513, 1993, herein incorporated by reference).

WO 99/23216 PCT/US98/23387 24 c) Ribozyme constructs As an alternative to targeted antisense delivery, targeted ribozymes may be used. The term "ribozyme" refers to an RNA-based enzyme capable of targeting and cleaving particular base sequences in DNA or, more typically, RNA. In the 5 present invention, ribozymes are introduced into the cell as an expression construct encoding the desired ribozymal RNA. The targets of the ribozymes are much the same as described for antisense nucleic acids. Many ribozymes are known to catalyze the hydrolysis of phosphodiester bonds under physiological conditions. The ribozymes of the present invention 10 catalyze the sequence specific cleavage of a second nucleic acid molecule, preferably an mRNA transcript, and optionally an mRNA transcript of an oncogene. In general, ribozymes bind to a target RNA through the target binding portion of the ribozyme which flanks the enzymatic portion of the ribozyme. The enzymatic portion of the ribozyme cleaves the target RNA. Strategic cleavage of a target RNA 15 destroys its ability to directly or indirectly encode protein. After enzymatic cleavage of the target has occurred, the ribozyme is released from the target and searches for another target where the process is repeated. In a preferred embodiment of the invention, the ribozyme is a hammerhead ribozyme, a small RNA molecule derived from plant viroids (Symons, Ann. Rev. 20 Biochem. 61: 641-671, 1992; Clouet-D'Orval and Uhlenbeck, RNA, 2:483-491, 1996; Haseloff and Gerlach, Nature 334:585-591, 1988; Jeffries and Symons, Nucleic Acids Res. 17: 1371-1377, 1989; Uhlenbeck, Nature 328:596-600, 1987; all herein incorporated by reference). In other embodiments, the ribozyme may be a group I intron, a hairpin 25 ribozyme, VS RNA, a hepatitis Delta virus ribozyme or an Rnase P-RNA ribozyme (in association with an RNA guide sequence). Examples of hairpin motifs are described by Hampel et al., Nucleic Acids Res. 18:299, 1990 and Hampel and Tritz, Biochemistry 28:4929, 1989; an example of the hepatitis delta virus motif is described by Perrotta and Been, Biochemistry 31:16, 1992; an example of the WO 99/23216 PCT/US98/23387 25 RNAseP motif (associated with an external guide sequence) is described by Yuan et al., Patent No. 5,624,824; a Neurospora VS RNA ribozyme motif is described in Saville and Collins, Cell 61: 685-696, 1990, Saville and Collins, Proc. Natl. Acad Sci. USA 88: 8826-8830, 1991, Collins and Olive, Biochemistry 32: 2795-2799, 5 1993; the group I mitron is described in Cech et al., U.S. Patent No. 5,354,855. The above-mentioned motifs should not be considered limiting with respect to the present invention and those skilled in the art will recognize that ribozymes that may be utilized herein comprise a specific substrate binding site which is complementary to a target mRNA. Such ribozymes also comprise an enzymatic 10 portion which imparts RNA cleaving activity to the molecule. The enzymatic portion resides within or surrounds the substrate binding site. d) Selectable Markers In certain embodiments of the invention, the therapeutic vectors of the present invention contain nucleic acid constructs whose expression may be 15 identified in vitro or in vivo by including a marker in the expression construct. Such markers would confer an identifiable change to the cell permitting easy identification of cells containing the expression construct. Usually the inclusion of a drug selection marker aids in cloning and in the selection of transformants. For example, genes that confer resistance to neomycin, puromycin, hygromycin, 20 DHFR, GPT, zeocin and histidinol are useful selectable markers. Alternatively, enzymes such as herpes simplex virus thymidine kinase (tk) may be employed. Immunologic markers also can be employed. The selectable marker employed is not believed to be important, so long as it is capable of being expressed simultaneously with the nucleic acid encoding a gene product. Further examples of 25 selectable markers are well known to one of skill in the art and include reporters such as EGFP, p-gal and chloramphenicol acetyltransferase (CAT).

WO 99/23216 PCT/US98/23387 26 e) Multigene Constructs and IRES In certain embodiments of the invention, the use of internal ribosome binding sites (IRES) elements are used to create multigene, or polycistronic, messages. IRES elements are able to bypass the ribosome scanning model of 5' 5 methylated Cap dependent translation and begin translation at internal sites. IRES elements from two members of the picanovirus family (polio and encephalomyocarditis) have been described (Pelletier and Sonenberg, Nature, 334:320-325, 1988), as well as an IRES from a mammalian message (Macejak and Sarnow, Nature, 353:90-94, 1991). IRES elements can be linked to heterologous 10 open reading frames. Multiple open reading frames can be transcribed together, each separated by an IRES, creating polycistronic messages. By virtue of the IRES element, each open reading frame is accessible to ribosomes for efficient translation. Multiple genes can thus be efficiently expressed using a single promoter/enhancer to transcribe a single message. 15 Any heterologous open reading frame can be linked to IRES elements. This includes genes for secreted proteins, multi-subunit proteins encoded by independent genes, intracellular or membrane-bound proteins and selectable markers. f) Control Regions In order for the expression construct to affect expression of a transcript 20 encoding a therapeutic gene, the polynucleotide encoding the therapeutic gene will be under the transcriptional control of a promoter and a polyadenylation signal. A promotere" refers to a DNA sequence recognized by the synthetic machinery of the host cell, or introduced synthetic machinery, that is required to initiate the specific transcription of a gene. A polyadenylation signal refers to a DNA sequence 25 recognized by the synthetic machinery of the host cell, or introduced synthetic machinery, that is required to direct the addition of a series of nucleotides on the end of the MRNA transcript for proper processing and trafficking of the transcript out of the nucleus into the cytoplasm for translation. The phrase "under WO 99/23216 PCT/US98/23387 27 transcriptional control" means that the promoter is in the correct location in relation to the polynucleotide to control RNA polymerase initiation and expression of the polynucleotide. The term promoter will be used here to refer to a group of transcriptional 5 control modules that are clustered around the initiation site for RNA polymerase II. Much of the thinking about how promoters are organized derives from analyses of several viral promoters, including those for the HSV thymidine kinase (tk) and SV40 early transcription units. These studies, augmented by more recent work, have shown that promoters are composed of discrete functional modules, each 10 consisting of approximately 7-20 bp of DNA, and containing one or more recognition sites for transcriptional activator or repressor proteins. At least one module in each promoter functions to position the start site for RNA synthesis. The best known example of this is the TATA box, but in some promoters lacking a TATA box, such as the promoter for the mammalian terminal 15 deoxynucleotidyl transferase gene and the promoter for the SV40 late genes, a discrete element overlying the start site itself helps to fix the place of initiation. Additional promoter elements regulate the frequency of transcriptional initiation. Typically, these are located in the region 30-110 bp upstream of the start site, although a number of promoters have recently been shown to contain 20 functional elements downstream of the start site as well. The spacing between promoter elements frequently is flexible, so that promoter function is preserved when elements are inverted or moved relative to one another. In the tk promoter, the spacing between promoter elements can be increased to 50 bp apart before activity begins to decline. Depending on the promoter, it appears that individual 25 elements can function either cooperatively or independently to activate transcription. Where a human cell is targeted, it is preferable to position the polynucleotide coding region adjacent to and under the control of a promoter that is capable of WO 99/23216 PCT/US98/23387 28 being expressed in a human cell. Generally speaking, such a promoter might include either a human or viral promoter. A list of promoters is provided in Table 1. TABLE 1 PROMOTER Immunoglobulin Heavy Chain Immunoglobulin Light Chain T-Cell Receptor HLA DQ a and DQ P 0-Interferon Interleukin-2 Interleukin-2 Receptor MHC Class II 5 MHC Class II HLA-DRa p-Actin Muscle Creatine Kinase Prealbumin (Transthyretin) Elastase I Metallothionein Collagenase Albumin Gene c-Fetaprotein t-Globin WO 99/23216 PCT/US98/23387 29 p-Globin c-fos c-HA-ras Insulin Neural Cell Adhesion Molecule (NCAM) a 1 Antitrypsin H2B (TH2B) Histone Mouse or Type I Collagen Glucose-Regulated Proteins (GRP94 and GRP78) Rat Growth Hormone Human Serum Amyloid A (SAA) Troponmi I (TN I) Platelet-Derived Growth Factor Duchenne Muscular Dystrophy SV40 Polyoma Retroviruses Papilloma Virus Hepatitis B Virus Human Immunodeficiency Virus Cytomegalovirus Gibbon Ape Leukemia Virus WO 99/23216 PCT/US98/23387 30 The particular promoter that is employed to control the expression of the therapeutic gene is not believed to be critical, so long as it is capable of being activated by the gene product linked to the inducible promoter. In a preferred embodiment of the invention, the transactivating protein is tat, and the promoter 5 which is operably linked to the therapeutic gene is the HIV-1 or HIV-2 LTRs. For example, a promoter element containing an AP-1 site would respond to the inducible expression of the c-jun or c-fos proteins. Other suitable transactivating factor/promoter combination would be known by one skilled in the art. The promoter which controls expression of the gene encoding the 10 transactivating factor must be an inducible promoter. An inducible promoter is a promoter which is inactive or exhibits relatively low activity except in the presence of an inducer substance. Some examples of promoters that may be included as a part of the present invention include, but are not limited to, MT II, MMTV, collagenase, stromelysin, SV40, murine MX gene, a-2-macroglobulin, MHC class I 15 gene h-2kb, proliferin, tumor necrosis factor, or thyroid stimulating hormone a gene. The associated inducers of these promoter elements are shown in Table 2. The Egr-1 promoter and the multidrug resistance gene (MDR1) promoter are also options for inducible promoters. In preferred embodiments the inducible promoter is heat shock inducible and is derived from one of the following promoters: 20 HSP70, HSP90, HSP60, HSP27, HSP72, HSP73, HSP25, ubiquitin, and HSP28. In another preferred embodiment, the inducible promoter comprises a hypoxia responsive element, such as those responsive to HIF-1. It is understood that any inducible promoter may be used in the practice of the present invention and that all such promoters would fall within the spirit and scope of the claimed invention. TABLE 2 Element Inducer MT II Phorbol Ester (TPA) Heavy metals WO 99/23216 PCT/US98/23387 31 MMTV (mouse Glucocorticoids mammary tumor virus) p-Interferon poly(rI)X poly(rc) Adenovirus 5 E2 Ela c-jun Phorbol Ester (TPA), H 2 0 2 Collagenase Phorbol Ester (TPA) Stromelysmi Phorbol Ester (TPA), IL-I SV40 Phorbol Ester (TPA) Murine MX Gene Interferon, Newcastle Disease Virus GRP78 Gene A23187 a-2 Macroglobulin IL-6 Vimentin Serum MHC Class I Gene H- Interferon 2kB HSP70 Ela, SV40 Large T Antigen Proliferin Phorbol Ester-TPa Tumor Necrosis Factor FMA Thyroid Stimulating Thyroid Hormone Hormone a Gene In particularly preferred embodiments, the tat protein is used as the transactivating factor. The genome of HIV-1 and HIV-2 share a great deal of similarities with the Simian immunodeficiency viruses (SIVS) and they have been WO 99/23216 PCTIUS98/23387 32 extensively studied. It was discovered that in addition to the gag, env, pol genes that are common to all retroviruses, there are a number of regulatory genes that are important in HIV transcription. The viral tal protein is one such regulatory factor and it is characterized by its ability to greatly increase the activity of the HIV- 1 and 5 HIV-2 promoter (Sodroski et al., J Virol, 55(3):831-835,1985a; Sodroski, et al., Science, 229(4708):74-77, 1985b; Sodroski, et al., Science, 228(4706):1430-1434, Sodroski, et al., Science, 228(4706):1430-1434, 1985c; Sodroski el al., Science, 227(4683):171-173, 1985d; which are all incorporated by reference herein). Tat is thought to bind with the transactivation response element (TAR) in the HIV LTR 10 and increase the steady state levels of the HIV specific RNA. There is also evidence suggesting that tat can act more like a traditional transcription factor in that it can interact with several transactivator proteins. Tat and adenovirus transactivator EIA can act synergistically in increasing the levels of steady state RNA (Laspia et al., Genes Dev., 4(12B):2397-2408, 1990, herein incorporated by 15 reference). Thus, a way to increase further the activity of the HIV-LTR/TAT constructs is to incorporate ElA into the same construct. Where a cDNA insert is employed, one will typically desire to include a polyadenylation signal to effect proper polyadenylation of the gene transcript. The nature of the polyadenylation signal is not believed to be crucial to the successful 20 practice of the invention, and any such sequence may be employed. Such polyadenylation signals as that from SV40, bovine growth hormone, and the herpes simplex virus thymidine kinase gene have been found to function well in a number of target cells. 5. Methods of Gene Transfer 25 In order to effect transgene expression in a cell, it is necessary to first introduce or transfer the therapeutic expression constructs of the present invention into a cell. Such transfer may employ viral or non-viral methods of gene transfer. This section provides a discussion of methods and compositions of gene transfer.

WO 99/23216 PCT/US98/23387 33 A. Non-viral Transfer In a preferred embodiment, the therapeutic constructs of the present invention e.g., various genetic (i.e., DNA) constructs must be delivered into a cell. In certain preferred situations, the introduction of the expression construct into a 5 cell is mediated by non-viral means. Several non-viral methods for the transfer of expression constructs into cultured mammalian cells are contemplated by the present invention. These include calcium phosphate precipitation (Graham and Van Der Eb, Virology, 52:456-467, 1973; Chen and Okayama, Mol. Cell. Biol., 7:2745-2752, 1987; Rippe et al., Mol. 10 Cell Biol., 10:689-695, 1990) DEAE-dextran (Gopal, Mol. Cell Biol., 5:1188-1190, 1985), electroporation (Tur-Kaspa et al., Mol. Cell Biol., 6:716-718, 1986; Potter et al., Proc. Nat. Acad Sci. USA, 81:7161:7165, 1984), direct microinjection (Harland and Weintraub, J. Cell Biol., 10 1:1094-1099, 1985), DNA-loaded liposomes (Nicolau and Sene, Biochim. Biophys. Acta, 721:185-190, 1982; Fraley 15 et al., Proc. Natl. Acad Sci. USA, 76:3348-3352, 1979), cell sonication (Fechheimer et al., Proc. Natl. Acad Sci. USA, 84:8463-8467, 1987), gene bombardment using high velocity microprojectiles (Yang et al., Proc. Natl. Acad Sci. USA, 87:9568-9572, 1990), and receptor-mediated transfection (Wu and Wu, J. Biol. Chem., 262:4429-4432, 1987; Wu and Wu, Biochemistry, 27:887-892, 1988). 20 (Articles cited in this paragraph are herein incorporated by reference.) Once the construct has been delivered into the cell the nucleic acid encoding the therapeutic gene may be positioned and expressed at different sites. In certain embodiments, the nucleic acid encoding the therapeutic gene may be stably integrated into the genome of the cell. This integration may be in the cognate 25 location and orientation via homologous recombination (gene replacement) or it may be integrated in a random, non-specific location (gene augmentation). In yet further embodiments, the nucleic acid may be stably maintained in the cell as a separate, episomal segment of DNA. Such nucleic acid segments or "episomes" encode sequences sufficient to permit maintenance and replication independent of WO 99/23216 PCTIUS98/23387 34 or in synchronization with the host cell cycle. How the expression construct is delivered to a cell and where in the cell the nucleic acid remains is dependent on the type of expression construct employed. In a particular embodiment of the invention, the expression construct may be 5 entrapped in a liposome. Liposomes are vesicular structures characterized by a phospholipid bilayer membrane and an inner aqueous medium. Multilamellar liposomes have multiple lipid layers separated by aqueous medium. They form spontaneously when phospholipids are suspended in an excess of aqueous solution. The lipid components undergo self-rearrangement before the formation of closed 10 structures and entrap water and dissolved solutes between the lipid bilayers. The addition of DNA to cationic liposomes causes a topological transition from liposomes to optically birefringent liquid-crystalline condensed globules. These DNA-lipid complexes are potential non-viral vectors for use in gene therapy. Liposome-mediated nucleic acid delivery and expression of foreign DNA in 15 vitro has been very successful. Using the p-lactamase gene, Wong et al., Gene, 10:87-94, 1980, demonstrated the feasibility of liposome-mediated delivery and expression of foreign DNA in cultured chick embryo, HeLa, and hepatoma cells. Nicolau et al., (Methods Enzymol., 149:157-176, 1987, herein incorporated by reference) accomplished successful liposome-mediated gene transfer in rats after 20 intravenous injection. Also included are various commercial approaches involving "lipofection" technology. In certain embodiments of the invention, the liposome may be complexed with a hemagglutinating virus (HVJ). This has been shown to facilitate fusion with the cell membrane and promote cell entry of liposome-encapsulated DNA. In other 25 embodiments, the liposome may be complexed or employed in conjunction with nuclear nonhistone chromosomal proteins (HMG-1). In yet further embodiments, the liposome may be complexed or employed in conjunction with both HVJ and HMG-1. In that such expression constructs have been successfully employed in WO 99/23216 PCT/US98/23387 35 transfer and expression of nucleic acid in vitro and in vivo, then they are applicable for the present invention. Other vector delivery systems which can be employed to deliver a nucleic acid encoding a therapeutic gene into cells are receptor-mediated delivery vehicles. 5 These take advantage of the selective uptake of macromolecules by receptor mediated endocytosis in almost all eukaryotic cells. Because of the cell type specific distribution of various receptors, the delivery can be highly specific (Wu and Wu, Adv. Drug Delivery Rev., 12:159-167, 1993). Receptor-mediated gene targeting vehicles generally consist of two 10 components: a cell receptor-specific ligand and a DNA-binding agent. Several ligands have been used for receptor-mediated gene transfer. The most extensively characterized ligands are asialoorosomucoid (ASOR) (Wu and Wu, J. Biol. Chem., 262:4429-4432, 1987) and transferrin (Wagner et al., Proc. Natl. Acad Sci. 87(9):3410-3414, 1990). Recently, a synthetic neoglycoprotein, which recognizes 15 the same receptor as ASOR, has been used as a gene delivery vehicle (Ferkol et al., FASEB J, 7:1081-1091, 1993; Perales et al., Proc. Natl. Acad Sci USA, 91:4086 4090, 1994) and epidermal growth factor (EGF) has also been used to deliver genes to squamous carcinoma cells (Myers, EPO 0273085). In other embodiments, the delivery vehicle may comprise a ligand and a 20 liposome. For example, Nicolau et al. Methods Enzymol., 149:157-176, 1987, employed lactosyl-ceramide, a galactose-terminal asialganglioside, incorporated into liposomes and observed an increase in the uptake of the insulin gene by hepatocytes. Thus, it is feasible that a nucleic acid encoding a therapeutic gene also may be specifically delivered into a cell type such as prostate, epithelial or tumor 25 cells, by any number of receptor-ligand systems with or without liposomes. For example, the human prostate-specific antigen (Watt et al., Proc. Natl. Acad Sci., 83(2):3166-3170, 1986) may be used as the receptor for mediated delivery of a nucleic acid in prostate tissue.

WO 99/23216 PCTIUS98/23387 36 In another embodiment of the invention, the expression construct may simply consist of naked recombinant DNA or plasmids. Transfer of the construct may be performed by any of the methods mentioned above which physically or chemically permeabilize the cell membrane. This is applicable particularly for 5 transfer in vitro, however, it may be applied for in vivo use as well. Dubensky et al. (Proc. Nat. Acad Sci. USA, 81:7529-7533, 1984), successfully injected polyomavirus DNA in the form of CaPO 4 precipitates into liver and spleen of adult and newborn mice demonstrating active viral replication and acute infection. Benvenisty and Neshif, Proc. Nat. Acad Sci. USA, 83:9551-9555, 1986, also 10 demonstrated that direct intraperitoneal injection of CaPO 4 precipitated plasmids results in expression of the transfected genes. It is envisioned that DNA encoding a CAM may also be transferred in a similar manner in vivo and express CAM. Another embodiment of the invention for transferring a naked DNA expression construct into cells may involve particle bombardment. This method 15 depends on the ability to accelerate DNA coated microprojectiles to a high velocity allowing them to pierce cell membranes and enter cells without killing them (Klein et al., Nature, 327:70-73, 1987, herein incorporated by reference). Several devices for accelerating small particles have been developed. One such device relies on a high voltage discharge to generate an electrical current, which in turn provides the 20 motive force (Yang et al., Proc. Natl. Acad. Sci. USA, 87:9568-9572, 1990). The microprojectiles used have consisted of biologically inert substances such as tungsten or gold beads. B. Viral Vector-Mediated Transfer Another method of achieving gene transfer is via viral transduction using 25 infectious viral particles as a delivery vehicle, for example, by transformation with an adenovirus vector of the present invention as described herein below. Alternatively, retroviral or bovine papilloma virus may be employed, both of which permit permanent transformation of a host cell with a gene(s) of interest. Thus, in one example, viral infection of cells is used in order to deliver therapeutically WO 99/23216 PCT/US98/23387 37 significant genes to a cell. Typically, the virus simply will be exposed to the appropriate host cell under physiologic conditions, permitting uptake of the virus. Though adenovirus is exemplified, the present methods may be advantageously employed with other viral vectors, as discussed below. Such methods will be 5 familiar to those of ordinary skill in the art. a) Adenovirus Adenovirus is particularly suitable for use as a gene transfer vector because of its mid-sized DNA genome, ease of manipulation, high titer, wide target-cell range, and high infectivity. The roughly 36 kB viral genome is bounded by 100 10 200 base pair (bp) inverted terminal repeats (ITR), in which are contained cis acting elements necessary for viral DNA replication and packaging. The early (E) and late (L) regions of the genome that contain different transcription units are divided by the onset of viral DNA replication. The El region (E1A and EiB) encodes proteins responsible for the 15 regulation of transcription of the viral genome and a few cellular genes. The expression of the E2 region (E2A and E2B) results in the synthesis of the proteins for viral DNA replication. These proteins are involved in DNA replication, late gene expression, and host cell shut off (Renan, 1990). The products of the late genes (LI, L2, L3, L4 and L5), including the majority of the viral capsid proteins, 20 are expressed only after significant processing of a single primary transcript issued by the major late promoter (MLP). The MLP (located at 16.8 map units) is particularly efficient during the late phase of infection, and all the mRNAs issued from this promoter possess a 5' tripartite leader (TL) sequence which makes them preferred mRNAs for translation. 25 In order for adenovirus to be optimized for gene therapy, it is necessary to maximize the carrying capacity so that large segments of DNA can be included. It also is very desirable to reduce the toxicity and immunologic reaction associated with certain adenoviral products. The two goals are, to an extent, coterminous in WO 99/23216 PCT/US98/23387 38 that elimination of adenoviral genes serves both ends. By practice of the present invention, it is possible to achieve both these goals while retaining the ability to manipulate the therapeutic constructs with relative ease. The large displacement of DNA is possible because the cis elements required 5 for viral DNA replication all are localized in the inverted terminal repeats (ITR) (100-200 bp) at either end of the linear viral genome. Plasmids containing ITR's can replicate in the presence of a non-defective adenovirus. Therefore, inclusion of these elements in an adenoviral vector should permit replication. In addition, the packaging signal for viral encapsulation is localized between 10 194-385 bp (0.5-1.1 map units) at the left end of the viral genome. This signal mimics the protein recognition site in bacteriophage X DNA where a specific sequence close to the left end, but outside the cohesive end sequence, mediates the binding to proteins that are required for insertion of the DNA into the head structure. El substitution vectors of Ad have demonstrated that a 450 bp (0-1.25 15 map units) fragment at the left end of the viral genome could direct packaging in 293 cells. Previously, it has been shown that certain regions of the adenoviral genome can be incorporated into the genome of mammalian cells and the genes encoded thereby expressed. These cell lines are capable of supporting the replication of an 20 adenoviral vector that is deficient in the adenoviral function encoded by the cell line. There also have been reports of complementation of replication deficient adenoviral vectors by "helping" vectors, e.g., wild-type virus or conditionally defective mutants. Replication-deficient adenoviral vectors can be complemented, in trans, by 25 helper virus. This observation alone does not permit isolation of the replication deficient vectors, however, since the presence of helper virus, needed to provide replicative functions, would contaminate any preparation. Thus, an additional element was needed that would add specificity to the replication and/or packaging WO 99/23216 PCT/US98/23387 39 of the replication-deficient vector. That element, as provided for in the present invention, derives from the packaging function of adenovirus. It has been shown that a packaging signal for adenovirus exists in the left end of the conventional adenovirus map. Later studies showed that a mutant with a 5 deletion in the ElA (194-358 bp) region of the genome grew poorly even in a cell line that complemented the early (E1A) function. When a compensating adenoviral DNA (0-353 bp) was recombined into the right end of the mutant, the virus was packaged normally. Further mutational analysis identified a short, repeated, position-dependent element in the left end of the Ad5 genome. One copy of the 10 repeat was found to be sufficient for efficient packaging if present at either end of the genome, but not when moved towards the interior of the Ad5 DNA molecule. By using mutated versions of the packaging signal, it is possible to create helper viruses that are packaged with varying efficiencies. Typically, the mutations are point mutations or deletions. When helper viruses with low efficiency 15 packaging are grown in helper cells, the virus is packaged, albeit at reduced rates compared to wild-type virus, thereby permitting propagation of the helper. When these helper viruses are grown in cells along with virus that contains wild-type packaging signals, however, the wild-type packaging signals are recognized preferentially over the mutated versions. Given a limiting amount of packaging 20 factor, the virus containing the wild-type signals are packaged selectively when compared to the helpers. If the preference is great enough, stocks approaching homogeneity should be achieved. b) Retrovirus The retroviruses are a group of single-stranded RNA viruses characterized 25 by an ability to convert their RNA to double-stranded DNA in infected cells by a process of reverse-transcription. The resulting DNA then stably integrates into cellular chromosomes as a provirus and directs synthesis of viral proteins. The integration results in the retention of the viral gene sequences in the recipient cell WO 99/23216 PCT/US98/23387 40 and its descendants. The retroviral genome contains three genes - gag, pol and env - that code for capsid proteins, polymerase enzyme, and envelope components, respectively. A sequence found upstream from the gag gene, termed T, functions as a signal for packaging of the genome into virions. Two long terminal repeat 5 (LTR) sequences are present at the 5' and 3' ends of the viral genome. These contain strong promoter and enhancer sequences and also are required for integration in the host cell genome. In order to construct a retroviral vector, a nucleic acid encoding a promoter is inserted into the viral genome in the place of certain viral sequences to produce a 10 virus that is replication-defective. In order to produce virions, a packaging cell line containing the gag, pol and env genes but without the LTR and T components is constructed. When a recombinant plasmid containing a human cDNA, together with the retroviral LTR and T sequences is introduced into this cell, line (by calcium phosphate precipitation for example), the T sequence allows the RNA 15 transcript of the recombinant plasmid to be packaged into viral particles, which are then secreted into the culture media. The media containing the recombinant retroviruses is collected, optionally concentrated, and used for gene transfer. Retroviral vectors are able to infect a broad variety of cell types. However, integration and stable expression of many types of retroviruses require the division 20 of host cells. An approach designed to allow specific targeting of retrovirus vectors recently was developed based on the chemical modification of a retrovirus by the chemical addition of galactose residues to the viral envelope. This modification could permit the specific infection of cells such as hepatocytes via 25 asialoglycoprotein receptors, should this be desired. A different approach to targeting of recombinant retroviruses was designed in which biotinylated antibodies against a retroviral envelope protein and against a specific cell receptor were used. The antibodies were coupled via the biotin components by using streptavidin (Roux et al., Proc. Nati A cad Sci. USA, 86:9079- WO 99/23216 PCT/US98/23387 41 9083, 1989). Using antibodies against major histocompatibility complex class I and class II antigens, the infection of a variety of human cells that bore those surface antigens was demonstrated with an ecotropic virus in vitro. c) Adeno-associated Virus 5 AAV utilizes a linear, single-stranded DNA of about 4700 base pairs. Inverted terminal repeats flank the genome. Two genes are present within the genome, giving rise to a number of distinct gene products. The first, the cap gene, produces three different virion proteins (VP), designated VP-1, VP-2 and VP-3. The second, the rep gene, encodes four non-structural proteins (NS). One or more 10 of these rep gene products is responsible for transactivating AAV transcription. The three promoters in AAV are designated by their location, in map units, in the genome. These are, from left to right, p5, p19 and p40. Transcription gives rise to six transcripts, two initiated at each of three promoters, with one of each pair being spliced. The splice site, derived from map units 42-46, is the same for each 15 transcript. The four non-structural proteins apparently are derived from the longer of the transcripts, and three virion proteins all arise from the smallest transcript. AAV is not associated with any pathologic state in humans. Interestingly, for efficient replication, AAV requires "helping" functions from viruses such as herpes simplex virus I and II, cytomegalovirus, pseudorabies virus and, of course, 20 adenovirus. The best characterized of the helpers is adenovirus, and many "early" functions for this virus have been shown to assist with AAV replication. Low level expression of AAV rep proteins is believed to hold AAV structural expression in check, and helper virus infection is thought to remove this block. The terminal repeats of the AAV vector can be obtained by restriction 25 endonuclease digestion of AAV or a plasmid such as p201, which contains a modified AAV genome (Sarnulski et al. J. Virol., 61(10):3096-3101, 1987, herein incorporated by reference), or by other methods known to the skilled artisan, including but not limited to chemical or enzymatic synthesis of the terminal repeats WO 99/23216 PCT/US98/23387 42 based upon the published sequence of AAV. The ordinarily skilled artisan can determine, by well-known methods such as deletion analysis, the minimum sequence or part of the AAV ITRs which is required to allow function, i.e., stable and site-specific integration. The ordinarily skilled artisan also can determine 5 which minor modifications of the sequence can be tolerated while maintaining the ability of the terminal repeats to direct stable, site-specific integration. AAV-based vectors have proven to be safe and effective vehicles for gene delivery in vitro, and these vectors are being developed and tested in pre-clinical and clinical stages for a wide range of applications in potential gene therapy, both 10 ex vivo and in vivo. AAV-mediated efficient gene transfer and expression in the lung has led to clinical trials for the treatment of cystic fibrosis (Carter and Flotte, Ann. N. Y. Acad Sci., 770:79-90, 1995; Flotte et al., Proc. Natl. Acad Sci. USA, 90:10613-10617, 1993). Similarly, the prospects for treatment of muscular dystrophy by AAV 15 mediated gene delivery of the dystrophin gene to skeletal muscle, of Parkinson's disease by tyrosine hydroxylase gene delivery to the brain, of hemophilia B by Factor IX gene delivery to the liver, and potentially of myocardial infarction by vascular endothelial growth factor gene to the heart, appear promising since AAV mediated transgene expression in these organs has recently been shown to be highly 20 efficient (Fisher et al., J Virol, 70:520-532, 1996; Flotte et al., Proc. Nall. Acad. Sci. USA, 90:10613-10617, 1993; Kaplift et al., Nat. Genet., 8:148-153, 1994; Kaplitt et al., Arm Thord. Surg., 62:1669-1676, 1996; Koeberl et al., Proc. Natl. Acad Sci. USA, 94:1426-1431, 1997; McCown et al., Brain Res., 713:99-107, 1996; Ping et al., Microcirculation, 3:225-228, 1996; Xiao et al., J Virol., 25 70:8098-8108, 1996). d) Other Viral Vectors Other viral vectors may be employed as expression constructs in the present invention. Vectors derived from viruses such as vaccinia viruses (Ridgeway, In: WO 99/23216 PCT/US98/23387 43 Vectors: A survey of molecular cloning vectors and their uses, Rodriguez RL, Denhardt DT. ed., Stoneham: Butterworth, pp. 467-492, 1988; Baichwal and Sugden, In: Gene Transfer, Kucherlapati R, ed., New York, Plenum Press, pp. 117 148, 1986; Coupar et al., Gene, 68:1-10, 1988) canary pox viruses, lentiviruses and 5 herpes viruses may be employed. 6. Cell Targets The methods and vectors of the present invention may be used to target a wide variety of cells, organs, and tissues within a mammal. In some embodiments, the expression constructs described herein are used to 10 treat cancer. The cell which is targeted may be either a tumor cell, a cell within a tumor, or a cell near a tumor. The tumor may optionally be in the brain, lung, liver, spleen, kidney, bladder, lymph node, small intestine, pancreas, colon, stomach, breast, endometrium, prostate, testicle, vulva, cervix, ovary, skin, head and neck, esophagus, bone marrow, or blood. One of ordinary skill in the art will be able to 15 readily discern an appropriate therapeutic gene to be expressed in a given tumor type. In alternative embodiments, a medical condition other than cancer is being treated. For instance, the present invention provides for highly effective protein replacement therapy. In such a case, a specific type of cell, tissue, or organ may be 20 targeted for expression of a protein which is underexpressed in the subject, especially if the activity of the protein is limited to that specific cell type, tissue, or organ. Again, one of ordinary skill in the art will be able to discern which cells are most appropriately targeted. The expression construct may be introduced into the cell of interest through 25 an in vitro, ex vivo, or in vivo method. Much gene therapy is currently performed ex vivo, since the transfection or transduction of an isolated cell is often more efficient. The choice of method of introduction will be dependent upon the cell WO 99/23216 PCT/US98/23387 44 type, tissue, or organ being targeted, as well as the particular delivery vehicle chosen. One of ordinary skill in the art can readily navigate such a choice. Since the expression constructs of the present invention require induction to be active, in many cases the expression construct may be delivered to a larger part 5 of the subject's body than just the cell, tissue, or organ in which expression is desired. Exposure of the subject to the activating conditions which induce expression of the transferred expression constructs can then be limited to achieve specificity of expression. In many cases, this is preferred. For instance, exposure of a subject to radiation therapy is preferably limited to only those areas necessary. 10 Application of hyperthermia will generally also be limited in its range. In other embodiments, the activating conditions may be conditions inherent to the targeted cell itself For instance, the hypoxic environment of a tumor will trigger expression when the expression construct has an inducible promoter containing a hypoxia responsive element. In such cases, the resulting expression, will be by its very 15 nature, very localized, even if delivery of the expression construct was not 7. Combination Therapy The expression constructs of the present invention may advantageously be combined with one or more traditional clinical therapies. One goal of current cancer research is to fmd ways to improve the efficacy of chemo- and radiotherapy. One 20 way is by combining such traditional therapies with gene therapy. For example, the herpes simplex-thymidine kinase (HS-tk) gene, when delivered to brain tumors by a retroviral vector system, successfully induces susceptibility to the antiviral agent ganciclovir. However, the effective use of gene therapy in combination with traditional cancer therapies has been hindered by the need for clinically significant 25 expression of the genes once they have been transferred to the target cell. To kill cells, inhibit cell growth, inhibit metastasis, decrease tumor size and otherwise reverse or reduce the malignant phenotype of tumor cells, using the methods and compositions of the present invention, one would generally introduce WO 99/23216 PCTIUS98/23387 45 an expression construct of the present invention into the "target" cell and induce expression by the application of hyperthermia or other conditions which activate the inducible promoter. This gene therapy may be combined with compositions comprising other agents effective in the treatment of cancer. These compositions 5 would be provided in a combined amount effective to kill or inhibit proliferation of the cell. This process may involve introducing the expression construct and the agent(s) or factor(s) into the cell at the same time. This may be achieved by contacting the cell with a single composition or pharmacological formulation that includes both agents, or by exposing the cell to two distinct compositions or 10 formulations, at the same time, wherein one composition includes the expression construct and the other includes the agent. Alternatively, the gene therapy/hyperthermia treatment may precede or follow the other agent treatment by intervals ranging from minutes to weeks. In embodiments where the other agent and expression construct are applied separately 15 to the cell, one would generally ensure that a significant period of time did not expire between the time of each delivery, such that the agent and expression construct would still be able to exert an advantageously combined effect on the cell. In such instances, it is contemplated that one would contact the cell with both modalities within about 12-24 hours of each other and, more preferably, within 20 about 6-12 hours of each other, with a delay time of only about 12 hours being most preferred. In some situations, it may be desirable to extend the time period for treatment significantly, however, where several days (2, 3, 4, 5, 6 or 7) to several weeks (1, 2, 3, 4, 5, 6, 7 or 8) lapse between the respective administrations. It also is conceivable that more than one administration of either expression 25 construct or the other agent will be desired. Various combinations may be employed, where the expression construct is "A" and the other agent is "B", as exemplified below: A/B/A B/A/B B/B/A A/A/B B/A/A A/B/B B/B/B/A B/B/A/B WO 99/23216 PCTIUS98/23387 46 A/A/B/B A/B/A/B A/B/B/A B/B/A/A B/A/B/A B/A/A/B B/B/B/A A/A/A/B B/A/A/A A/B/A/A A/A/B/A A/B/B/B B/A/B/B B/B/A/B Other combinations are contemplated. Again, to achieve cell killing, both agents are delivered to a cell in a combined amount effective to kill the cell. 5 Agents or factors suitable for use in a combined therapy are any chemical compound or treatment method that induces DNA damage when applied to a cell. Such agents and factors include radiation and waves that induce DNA damage such as, y-irradiation, X-rays, UV-irradiation, microwaves, electronic emissions, and the like. 10 In one embodiment of the invention, the radiation therapy which is combined with the gene therapy constitutes external beam radiation. The external beam radiation treatment typically delivers high-energy radiation, such as high energy x-ray beams. Alternatively, internal radiation, or brachytherapy, may be used in 15 combination with the gene therapy. Methods of delivering brachytherapy include intracavitary or interstitial placement of radiation sources, instillation of colloidal solutions, and parenteral or oral administration. Sealed sources are encapsulated in a metal, wire, tube, needle, or the like. Unsealed radioactive sources are prepared in a suspension or solution. 20 Encapsulated radioactive elements are placed in body cavities or inserted directly into tissues with suitable applicators. The applicator is usually placed into the body cavity or tissue surgically or using fluoroscopy. The applicators, usually plastic or metal tubes, may be sutured into or near the tumor to hold them in place. The radioactive isotope is later placed into the applicator ("afterloading"). 25 Radiative implants are used in the treatment of cancers of the tongue, lip, breast, vagina, cervix, endometrium, rectum, bladder, and brain. Encapsulated sources may also be left within a patient as permanent implants. "Seeding" with small WO 99/23216 PCT/US98/23387 47 beads of radioactive material is an approach used for the treatment of localized prostate cancers, and localized, but inoperable, lung cancers. A variety of chemical compounds, also described as "chemotherapeutic agents," function to induce DNA damage, all of which are intended to be of use in 5 the combined treatment methods disclosed herein. Chemotherapeutic agents contemplated to be of use, include, e.g., adriamycin, 5-fluorouracil (5FU), etoposide (VP-16), camptothecin, actinomycin-D, mitomycin C, cisplatin (CDDP) and even hydrogen peroxide. The invention also encompasses the use of a combination of one or more DNA damaging agents, whether radiation-based or 10 actual compounds, such as the use of X-rays with cisplatin or the use of cisplatin with etoposide. For example, in treating cancer according to the invention, one would contact the tumor cells with an agent in addition to the expression construct and induce the expression of the gene by application of hyperthermia. This may be 15 achieved by applying hyperthermia locally at the tumor site or systemically to the individual. This treatment may be in combination with irradiation of the tumor with radiation such as X-rays, UV-light, gamma-rays or even microwaves. Alternatively, the tumor cells may be contacted with the agent by administering to the subject a therapeutically effective amount of a pharmaceutical composition 20 comprising a compound such as, adriamycin, 5-fluorouracil, etoposide, camptothecin, actinomycin-D, mitomycin C, or more preferably, cisplatin. The agent may be prepared and used as a combined therapeutic composition, or kit, by combining it with a therapeutic expression construct, as described above. Agents that directly cross-link nucleic acids, specifically DNA, are 25 envisaged to facilitate DNA damage leading to a synergistic, antineoplastic combination with the expression constructs of the present invention. Agents such as cisplatin, and other DNA alkylating agents may be used. Cisplatin is not absorbed orally and must therefore be delivered via injection intravenously, subcutaneously, intratumorally or intraperitoneally.

WO 99/23216 PCT/US98/23387 48 Agents that damage DNA also include compounds that interfere with DNA replication, mitosis and chromosomal segregation. Such chemotherapeutic compounds include adriamycin, also known as doxorubicin, etoposide, veraparnil, podophyllotoxin, and the like. Widely used in a clinical setting for the treatment of 5 neoplasms, these compounds are administered through bolus injections intravenously at doses ranging from 25-75 mg/m 2 at 21 day intervals for adriamycin, to 100 mg/m 2 for etoposide intravenously or double the intravenous dose orally. Agents that disrupt the synthesis and fidelity of nucleic acid precursors and 10 subunits also lead to DNA damage. As such a number of nucleic acid precursors have been developed. Particularly useful are agents that have undergone extensive testing and are readily available. As such, agents such as 5-fluorouracil (5-FU), are preferentially used by neoplastic tissue, making this agent particularly useful for targeting to neoplastic cells. Although quite toxic, 5-FU, is applicable in a wide 15 range of carriers, including topical, however intravenous administration with doses ranging from 450-1000 mg/m 2 /day being commonly used. Other factors that cause DNA damage and have been used extensively include what are commonly known as y-rays, X-rays, and/or the directed delivery of radioisotopes to tumor cells. Other forms of DNA damaging factors are also 20 contemplated such as microwaves and UV-irradiation. It is most likely that all of these factors effect a broad range of damage on DNA, on the precursors of DNA, on the replication and repair of DNA, and on the assembly and maintenance of chromosomes. Dosage ranges for X-rays range from daily doses of 50 to 200 roentgens for prolonged periods of time (3 to 4 weeks), to single doses of 2000 to 25 6000 roentgens. Dosage ranges for radioisotopes vary widely, and depend on the half-life of the isotope, the strength and type of radiation emitted, and the uptake by the neoplastic cells. The skilled artisan is directed to "Remington's Pharmaceutical Sciences" 15th Edition, chapter 33, in particular pages 624-652. Some variation in dosage WO 99/23216 PCT/US98/23387 49 will necessarily occur depending on the condition of the subject being treated. The person responsible for administration will, in any event, determine the appropriate dose for the individual subject. Moreover, for human administration, preparations should meet sterility, pyrogenicity, general safety and purity standards as required 5 by FDA Office of Biologics standards. The regional delivery of the therapeutic expression constructs of the present invention to patients with cancers is a preferred method for delivering a therapeutically effective gene to counteract the clinical disease being treated. Similarly, the chemo- or radiotherapy may be directed to a particular, affected 10 region of the subject's body. Alternatively, systemic delivery of expression construct and/or the agent may be appropriate in certain circumstances, for example, where extensive metastasis has occurred. In addition to combinations of gene therapies with chemo- and radiotherapies, it also is contemplated that combination of multiple gene therapies 15 will be advantageous. For example, targeting of p53 and p16 mutations at the same time may produce an improved anti-cancer treatment. Any other tumor-related gene conceivably can be targeted in this manner, for example, p21, Rb, APC, DCC, NF-1, NF-2, BRCA2, p16, FHIT, WT-1, MEN-I, MEN-II, BRCA1, VHL, FCC, MCC, ras, myc, neu, raf; erb, src, fms, jun, trk, ret, gsp, hst, bcl and abL. 20 8. Pharmaceutical Compositions and Routes of Administration It is contemplated that the therapeutic compositions of the present invention may be administered, in vitro, ex vivo or in vivo. Thus, it will be desirable to prepare the complex as a pharmaceutical composition appropriate for the intended application. Generally this will entail preparing a pharmaceutical composition that 25 is essentially free of pyrogens, as well as any other impurities that could be harmful to humans or animals. One also will generally desire to employ appropriate salts and buffers to render the complex stable and allow for complex uptake by target cells.

WO 99/23216 PCT/US98/23387 50 The compositions of the present invention comprise an effective amount of the expression construct or a viral vector or liposome carrying the expression construct, dissolved or dispersed in a pharmaceutically acceptable carrier or aqueous medium. Such compositions also can be referred to as inocula. The 5 phrases "pharmaceutically or pharmacologically acceptable" refer to molecular entities and compositions that do not produce an adverse, allergic or other untoward reaction when administered to an animal, or a human, as appropriate. As used herein, "pharmaceutically acceptable carrier" includes any and all solvents, dispersion media, coatings, antibacterial and antifungal agents, isotonic and 10 absorption delaying agents and the like. The use of such media and agents for pharmaceutically active substances is well known in the art. Except insofar as any conventional media or agent is incompatible with the active ingredient, its use in the therapeutic compositions is contemplated. Supplementary active ingredients also can be incorporated into the compositions. 15 Solutions of the active compounds as free base or pharmacologically acceptable salts can be prepared in water suitably mixed with a surfactant, such as hydroxypropylcellulose. Dispersions also can be prepared in glycerol, liquid polyethylene glycols, and mixtures thereof and in oils. Under ordinary conditions of storage and use, these preparations contain a preservative to prevent the growth 20 of microorganisms. The therapeutic compositions of the present invention may include classic pharmaceutical preparations for use in therapeutic regimens, including their administration to humans. Administration of therapeutic compositions according to the present invention will be via any common route so long as the target tissue or 25 cell is available via that route. This includes oral, nasal, buccal, rectal, vaginal or topical. Alternatively, administration will be by orthotopic, intradermal subcutaneous, intramuscular, intraperitoneal, or intravenous injection. Such compositions would normally be administered as pharmaceutically acceptable compositions that include physiologically acceptable carriers, buffers or other WO 99/23216 PCT/US98/23387 51 excipients. For application against tumors, direct intratumoral injection, injection of a resected tumor bed, regional (e.g., lymphatic) or systemic administration is contemplated. It also may be desired to perform continuous perfusion over hours or days via a catheter to a disease site, e.g., a tumor or tumor site. 5 The therapeutic compositions of the present invention are administered advantageously in the form of injectable compositions either as liquid solutions or suspensions; solid forms suitable for solution in, or suspension in, liquid prior to injection may also be prepared. These preparations also may be emulsified. A typical composition for such purpose comprises a pharmaceutically acceptable 10 carrier. For instance, the composition may contain about 100 mg of human serum albumin per milliliter of phosphate buffered saline. Other pharmaceutically acceptable carriers include aqueous solutions, non-toxic excipients, including salts, preservatives, buffers and the like may be used. Examples of non-aqueous solvents are propylene glycol, polyethylene glycol, vegetable oil and injectable organic 15 esters such as ethyloleate. Aqueous carriers include water, alcoholic/aqueous solutions, saline solutions, parenteral vehicles such as sodium chloride, Ringer's dextrose, etc. Intravenous vehicles include fluid and nutrient replenishers. Preservatives include antimicrobial agents, anti-oxidants, chelating agents and inert gases. The pH and exact concentration of the various components of the 20 pharmaceutical composition are adjusted according to well known parameters. Additional formulations which are suitable for oral administration also are contemplated. Oral formulations include such typical excipients as, for example, pharmaceutical grades of mannitol, lactose, starch, magnesium stearate, sodium saccharine, cellulose, magnesium carbonate and the like. The compositions take 25 the form of solutions, suspensions, tablets, pills, capsules, sustained release formulations or powders. When the route is topical, the form may be a cream, ointment, salve or spray. An effective amount of the therapeutic agent is determined based on the intended goal, for example (i) inhibition of tumor cell proliferation, (ii) elimination WO 99/23216 PCTIUS98/23387 52 or killing of tumor cells, or (iii) gene transfer for short- or long-term expression of a therapeutic gene. The term "unit dose" refers to physically discrete units suitable for use in a subject, each unit containing a predetermined quantity of the therapeutic composition calculated to produce the desired responses, discussed 5 above, in association with its administration, i. e., the appropriate route and treatment regimen. The quantity to be administered, both according to number of treatments and unit dose, depends on the subject to be treated, the state of the subject and the result desired. Multiple gene therapeutic regimens are contemplated by the present inventors 10 In one embodiment, a vector encoding a therapeutic gene is used to treat cancer patients. Typical amounts of a viral vector used in gene therapy of cancer is 10'-10" PFU/dose (e.g., 106,107, 101, 101, 1010, 10', 10 , 103, i1 and 10") wherein the dose is divided into several injections at different sites within a solid tumor. The treatment regimen also involves several cycles of administration of the 15 gene transfer vector over a period of 3-10 wk. Administration of the vector for longer periods of time from months to years may be necessary for continual therapeutic benefit. In another embodiment of the present invention, a viral vector encoding a therapeutic gene may be used to vaccinate humans or other mammals. Typically, 20 an amount of virus effective to produce the desired effect, in this case vaccination, would be administered to a human or other mammal so that long term expression of the transgene is achieved and a host immune response develops. It is contemplated that a series of injections, for example, a primary injection followed by two booster injections, would be sufficient to induce an long term immune response. A typical 25 dose would be from 106 to 10"5 PFU/injection depending on the desired result. Low doses of antigen generally induce a strong cell-mediated response, whereas high doses of antigen generally induce an antibody-mediated immune response. Precise amounts of the therapeutic composition also depend on the judgment of the practitioner and are peculiar to each individual.

WO 99/23216 PCT/US98/23387 53 9. Examples The following specific examples are intended to illustrate the invention and should not be construed as limiting the scope of the claims. 5 EXAMPLE 1 The Heat Shock Promoter Can Induce Expression of a Reporter Gene Vector Constructs. To study the ability of the HSP70 promoter to induce gene expression, either a minimal heat shock (HS) promoter or a minimal CMV promoter was inserted upstream of a reporter gene in a plasmid containing 10 neomycin and ampicillin selectable markers. The basic design of a plasmid (M5) containing one multiple cloning site in operable position to a promoter derived from HSP70 is shown in Figure 1. M5 was constructed by replacing the CMV promoter in pcDNA3.0 (Invitrogen, Inc.) with a minimal HSP70B promoter (SEQ ID NO: 1, Figure 10), a 0.4 kb fragment (HindIII-BamHl) of the human heat shock protein 15 70B (HSP70B) promoter, obtained from StressGen, Inc. Activity of the minimal HS and CMV promoters were determined by transfecting human cancer cells, MCF7 human breast carcinoma cells and DU145 human prostate carcinoma cells, with the plasmid S8. The S8 plasmid, derived from the M5 vector of Figure 1, contains the minimal HSP70B promoter operably 20 linked to the gene encoding Enhanced Green Fluorescence Protein (EGFP). S8 was constructed by inserting the EGFP gene from pEGFP-1 (Clonetech, Inc.) into the multiple cloning site (MCS) of M5. Cell Culture and Transfection. Human DU-145 prostate cancer derived cells and MCF-7 human breast cancer derived cells were transfected with the S8 25 vector described above. To isolate cells stably transfected with S8, cultures were transfected using standard calcium phosphate precipitation methods. Cells containing the integrated plasmids were selected for their ability to proliferate in the WO 99/23216 PCT/US98/23387 54 presence of neomycin. Heat shock was administered by completely submersing culture flasks in a temperature controlled (±0. 1 0 C) waterbath. One positive clone, clone 4, and a polyclonal line were selected with geneticin from the MCF7 cells' transfection. One polyclonal line was selected with 5 geneticin from the DU-145 cell's transfection. (In each case, the cells were selected with genetic for 2 weeks.) The selected lines were then analyzed and sorted by FACS. Isolation of Positive Cell Lines. Cells expressing high levels of EGFP in 10 response to heat shock were selected both using conventional serial dilution methods and by fluorescence activated cell sorting (FACS) methods. Expression of EGFP was quantitated using flow cytometry. The Enhanced Green Fluorescence Protein (EGFP) excites at 490 run allowing it to be viewed under a fluorescence microscope or analyzed by FACS. Cells expressing EGFP were sorted from cells 15 not expressing EGFP by using the FACS method. This was done with Geneticin selected cell lines. The reason that this is required is that in a polyclonal cell line there are populations that have the S8 plasmid integrated in a way that interferes with the expression of the reporter gene. By sorting the cells these populations can be removed leaving the purely positive population for further analysis. 20 As seen in Figure 2, mean fluorescence from EGFP in DU-145 cells stably transfected with the minimal heat shock promoter driving EGFP (S8) and growing at 37 0 C was approximately 10 relative fluorescence units. Four hours after exposure to 42'C heat shock for one hour, the mean relative fluorescence was 7-9 times greater. Relative gene expression was subsequently quantitated by measuring 25 changes in relative fluorescence in stably transfected cells. The sorting by FACS of MCF7 cells transfected with the S8 plasmid is illustrated in Figure 3. Kinetic Studies. Heat exposure survival studies were conducted to evaluate the optimal times/temperatures at which MCF7 cells could be heated without WO 99/23216 PCT/US98/23387 55 causing massive cell death. For 40'C and 42'C up to 1 hour cell death was found to be negligible with less than a 3% cell death. At 44'C for a time of only 30 minutes almost 50% of the cells had died. Using the optimal survival times above, initial kinetic studies were 5 performed. Heating transfected MCF7 cells for 1 hour at 40'C and 42'C produced more EGFP than heating for only 30 minutes when assayed by FACS. The optimal recovery time for the cells after heating was 4 hour. Any additional recovery time did not increase the levels of EGFP. For heat treatments done at 44"C for 30 min, the recovery time took longer with 8 hours being maximal. 10 EGFP Expression at 37 0 C-44 0 C in Various Cell Lines. The following heating/recovering times were used as identified in the kinetic studies for testing the inducibility of EGFP driven by the HSP70-derived promoter in all of the inventors' transfected cell lines: WO 99/23216 PCT/US98/23387 56 40'C - 1 h of heat treatment, 4 h of recovery 42'C - 1 h of heat treatment, 4 h of recovery 44'C - 30 min of heat treatment, 8 h of recovery Using these temperatures/times the following cell lines were tested for EGFP expression: MCF7: breast carcinoma parental cell line. Du145: prostate carcinoma parental cell line. MCF7-S8-P: MCF7 cells transfected with the S8 plasmid, polyclonal line. MCF7-S8-PS1: MCF7-S8-P cells that were sorted for EGFP expression by FACS once. MCF7-S8-PS2: MCF7-S8-PS 1 cells that were resorted for EGFP expression by FACS. MCF7-S8-4: Clone 4 of the MCF7 S8 transfection. MCF7-S8-4S1: MCF7-S8-4 cells sorted once for EGFP expression. Dul45-S8-P: Du145 cells transfected with the S8 plasmid, polyclonal line. The expression seen from the transfected lines of EGFP driven by the 5 HSP70-derived promoter is shown in Figure 4. As the temperature increases the relative amount of EGFP also increases. These data show that the inventors' heat shock promoter does indeed respond to heat. However, at 37'C there was still expression of EGFP. 10 EGFP Expression in Stably Transfected DU-145 Cells After Heat Shock. The induction of endogenous heat shock promoters is transient and temperature WO 99/23216 PCT/US98/23387 57 dependent. When DU-145 cells, stably transfected with the minimal HS promoter driving EGFP expression (S8) and selected twice by FACS (DU-S8-PS2 cells), were heat shocked for various times and at various temperatures, reporter gene expression was temperature-dependent and expression was transient with maximal 5 values at 15-24 hours after the inducing stress (Figure 5). These results indicate that the promoter is transiently activated under the conditions used here and that EGFP is unstable, since fluorescence decreases after 15-24 hours in these cells. The minimal heat shock promoter activity increases transiently by approximately 3 fold after a 40'C heat shock for either 1 or 2 hours. Promoter activity increases 13 0 and 25 fold after 42'C heat shock for either 1 or 2 hours, respectively. Comparison of Expression of EGFP Under Control of Heat Shock and CMV Promoters. The data presented in Figure 6 show that minimal heat shock promoter activity in DU-S8-PS2 cells is temperature-dependent over the range from 37-43'C. In contrast, DU-145 cells stably transfected with V9, a vector in which .5 the CMV promoter drives EGFP expression (Figure 7), express nearly 50% higher levels of promoter activity than do these same cells transfected with the minimal heat shock promoter and induced with 43 0 C heat shock. The CMV promoter activity is essentially unaffected by temperature in these cells. The temperature dependence of the minimal HS promoter is not specific to the DU- 145 cells. 20 EXAMPLE 2 Expression of IL-2 Can Be Amplified by the Use of a HIV Promoter and tat in a Construct. Initial Amplifier Studies. Studies involving new constructs capable of amplifying a therapeutic gene's expression were performed. To demonstrate the 25 principle of the amplifier idea, several constructs were produced. The constructs contain a constitutive promoter, the CMV promoter, rather than a heat-shock induible promoter. These constructs are the plasmids L-27, X14, RR13, Y15, and SS10. Table 3, below, shows the promoters/genes present in each plasmid and the WO 99/23216 PCTIUS98/23387 58 amount of IL-2 produced. Four of the plasmids were obtained from a plasmid containing two multiple cloning sites. In these four plasmids, the CMV promoter was inserted upstream of either the tat gene or a multiple cloning site (MCS) and either the HIVI or HIV2 long terminal repeats (LTRs) was inserted upstream of the 5 mouse interleukin-2 (IL-2) gene. The plasmids X14 and Y15 are shown schematically in Figure 9A and 9B. The L-27 plasmid served as a reference. IL-2 was measured from tissue culture supernatants by ELISA using the IL-2 EASIA kit (Medgenix Diagnostics, Fleurus, Belgium). The sensitivity of the kit is estimated at 0. 1IU IL-2/ml. In this study, SW480 cells were transfected with the lipid Dosper 10 (see the transfection protocol of Example 3, below.). TABLE 3 Plasmid Name Promoter/gene Amount of IL-2 in I.U. Lipid alone Dosper .48 L-27 CMV/IL-2 15.63 RR13 HIV1/IL-2 17.56 CMV/multiple cloning site X14 HIV1/IL-2 173.7 CMV/TAT SS1O HIV2/IL-2 12.83 CMV/multiple cloning site Y15 HIV2/IL-2 440.55

CMV/TAT

WO 99/23216 PCT/US98/23387 59 It can be seen from this study that the complete amplifier constructs are capable of increased expression over the CMV promoter. Also, the production of the transactivating factor, TAT, is required for this increased production. EXAMPLE 3 5 Heat Inducible Amplifiers. Vector Construction. To determine if a second promoter could be used to increase the activity of the minimal HS promoter, MCF-7 cells were transiently transfected with a series of vectors, including pC8, pfl2, and p007 (Figures 8 and 9). Using a plasmid containing two multiple cloning sites, the minimal heat shock 0 promoter was inserted upstream of either the tat gene or a multiple cloning site (MCS) and either the HIV1 or HIV2 long terminal repeats (LTRs) was inserted upstream of the mouse interleukin-2 (IL-2) gene. The plasmids also each carried neomycin and ampicillin selectable markers. The plasmid fl 1 was first created by inserting a 0.5 kb EcoRI fragment, 5 containing the interleukin-2 (IL-2) coding region (see GenBank accession no. 577834), from plasmid C5 into the EcoRI site of the vector M5 (see specific example, Example 1, above). The plasmid C8 was constructed by inserting a 1 kb BamHI fragment, containing the 0.4 kb HSP70B fragment upstream of a MCS from plasmid B4527 (see Tsang, et al., Biotechniques 20:51-52, 1996 and Tsang et al., 20 Biotechniques 22:68, 1997, both herein incorporated by reference), into the BamHI site of plasmid DNP-1 (Tsang et al., 1996, and Tsang et al., 1997), which contains the HIVI LTR upstream of the IL-2 coding region. The vector f12 (Figure 9) was then constructed by inserting a 0.4 kb NotI fragment, containing the coding region for the HIV tat gene, into the NotI site of C8. An intermediate vector D1O was 25 constructed by inserting the 1 kb BamH I fragment containing the minimal HSP70B promoter into plasmid MNP-7 (Tsang et al., 1996, and Tsang et al., 1997), which contains the HIV2 LTR upstream of the IL-2 coding region. Plasmid 007 (Figure 9) WO 99/23216 PCT/US98/23387 60 was created by inserting the 0.4 kb Not I fragment, encoding the tat gene, into the Not I site of D10. Transfection Protocol. Transfection were performed according to the published procedure (Stopeck, et al., Cancer Gene Therapy, 5:119-126, 1998.) 5 MCF-7 cells were plated in either a 6 well or 12 well plates. The next day, cells were washed with Hanks Buffered Saline Solution and replaced with a 1 ml transfection solution. The transfection solution was a 4:1 lipid to DNA mass ratio of either Dosper (1,3-Di-Oleoyloxy-2-(6-Carboxy-spermyl)-propylamid, from Boehringer Mannheim) or Dmrie C (1,2-dimyristyloxypropyl-3dimethyl-hydroxy 0 ethyl ammonium bromide, from Gibco BRL) with either 1.25 ptg or 2.5 tg of plasmid DNA in serum-free OptiMEM (from Gibco BRL). Fetal bovine serum (FBS) was immediately added to each well to a final concentration of 10% (vol/vol). Dmrie C was determined to be a better lipid then Dosper. Cells were incubated for 24 hours before heating and 24 hours after heating prior to IL-2 5 quantitation. Heat-Induced Amplification Studies. In one set of experiments, cells transfected with the pC8, pfl2, or p007 plasmids were assayed for IL-2 expression activity. IL-2 was measured from tissue culture supernatants by ELISA using the IL-2 EASIA kit (Medgenix Diagnostics, Fleurus, Belgium). The sensitivity of the 2O kit is estimated at 0. lIU IL-2/ml. The data from this set of experiments are shown in Table 4, below. This table shows IL-2 expression levels in MCF7 cells which were transfected with Dosper, heated 24 hours later, and were then assayed by ELISA 49 hours after the transfection. The plasmids L-27 (a plasmid used for reference that expresses IL-2 driven by the CMV promoter), 007, f12, and C8 were 25 all tested.

WO 99/23216 PCT/US98/23387 61 TABLE4 I.U. of IL-2 temperature: 37 0 C 39 0 C 41 0 C 42 0 C 44 0 C heat shock continuous continuous 1 hr 1hr 0.5 hr duration: Lipid alone 2.03 0.50 0.41 0.53 0.53 L-27 14.2 9.88 5.95 9.88 7.80 007 336.76 318.49 334.02 373.74 389.27 F12 8.40 6.88 49.93 60.02 88.13 C8 9.19 8.03 11.74 8.73 16.37 From this study it can be seen that pfl2 is responsive to heating and produces larger quantities of the heat shock amplifier construct IL-2 than either pC8 5 or pL-27 does. At 37'C, pfl2 produced 5-fold more IL-2 than its CMV driven control, L-27. When cells were heat shocked at 39'C overnight, pfl2 produced 7 fold more IL-2 than the CMV driven controls at 37 0 C. A 1 hour heat shock treatment at 41'C or 42'C increased expression from the amplifier constructs by as much as 26-fold, compared to the CMV-driven control vector at 37 0 C. (However, o the p007 plasmid at 37 0 C is already near its maximal activity and does not increase expression levels greatly with heat.) The activity of pfl2 is also at a high level at 37 0 C. These results showed that the amplifier strategy can augment the levels of gene expression at temperatures between about 37*C and about 42 0 C. In a different set of experiments, variations in transfection efficiencies were 5 accounted for by co-transfection with a control plasmid in which the CMV promoter was upstream of p-galactosidase. The general protocol for these experiments was to transfect cells 24 hours after subculture, heat shock cultures an additional 24 hours later, change culture medium and then collect medium for WO 99/23216 PCT/US98/23387 62 measurement of IL-2 levels 24 hours later. As seen in Table 5, below, the activity of the CMV promoter was only minimally affected by heat shock. The minimal heat shock promoter activity was very low in cells maintained at 37'C and was induced over 20 fold by heat shock at 42'C. As seen in the stably transfected cells, 5 the minimal heat shock promoter activity was only about one half that of the CMV promoter. TABLE 5 Interleukin-2 (IL2) Expression* Vector Promoter 37 0 C 42 0 C** Fold (42/37) Relative*** L27 CMV-IL2 82.6 93.4 1.1 1.0 C8 HSP-MCS 84.7 70.6 0.8 1.9 HIV1-IL2 f1I HSP-IL2 2.3 54.0 23.7 0.4 (1) f12 HSP-TAT 107.6 347.4 3.2 6.9 (17) HIVi-IiL2 007 HSP-TAT 747.5 1642.9 2.2 83.3 (208) HIV2-IL2 * values in IU IL2 produced per mg cell protein in 24 hours ** heat shock was for 1 hour 10 *** based on 42"C values and co-transfection with CMV-$-gal The HIVI promoter, in the absence of tat expression, was similar to that of the CMV promoter and was nearly independent of heat shock. However, when the minimal heat shock promoter was used to express tat, reporter gene expression was 15 dramatically increased after 42'C heat shock. In cells transiently transfected with WO 99/23216 PCTIUS98/23387 63 heat shock promoter/tat and HIVl/IL-2, IL-2 production was similar to that for heat shock promoter/MCS and HIV1/IL-2 in cells maintained at 37 0 C. This activity was increased over 3 fold, and to levels nearly 7 fold greater than CMV promoter activity by itself, after 42'C HS. 5 The HS promoter/tat and HIV2/IL-2 transfected cells showed substantial reporter gene expression in cells maintained at both 37 and after 42'C heat shock. Relative promoter activity, measured by IL-2 production was over 80 fold higher than that for the CMV promoter. alone. Temperature regulation was reduced, with reporter gene expression approximately 2 times higher after 42'C heat shock 10 compared to the same activity in cells maintained at 37 0 C. The temperature dependence of reporter gene expression was not influenced by the presence of a second promoter. As shown in Table 6, below, reporter gene expression, in cells transiently transfected with the minimal heat shock promoter/tat and HIV2/IL-2 containing plasmid, increased in a temperature-dependent manner 15 between 37 and 44'C. These results are qualitatively similar to those seen in Figures 4 and 6 for cells stably transfected with only the minimal heat shock promoter. TABLE 6 IL-2 Expression (IU/ml)* Vector Promoter 37 0 C 39 0 C 40 0 C 41 0 C 42 0 C 44 0 C C8 HSP-MCS 7.2 9.3 6.0 4.8 5.3 7.0 HIV1-IL2 M12 HSP-TAT 40.6 -- -- -- 133.1 - HIV1-IL2 WO 99/23216 PCT/US98/23387 64 007 HSP-TAT 224 222 230 250 375 470 HIV2-IL2 MCF7 breast cancer cells were transiently transfected with vectors as shown; heat shocked for 1 hr 24 hrs later; media were collected and IL2 measured 24 hrs after heat shock WO 99/23216 PCTIUS98/23387 65 EXAMPLE 4 Animal Studies Mouse models of human cancer, with the histologic features and metastatic 5 potential resembling tumors seen in humans, can be treated with the therapeutic compositions of the present invention. In one embodiment of the present invention, SCID mice are injected with human tumor cells stably transfected with reporter constructs in which the HSP70B promoter is driving the expression of TAT and in which the HIV-1 or HIV-2 promoter is driving either EGFP or IL-2 expression. 10 After growing the tumors to an appropriate measurable size of for example, 1 cm in diameter, the tumors are heated using ultrasound to temperatures up to about 42C. Gene expression is quantitated at various times after heating by either removing the tumor, making tissue slices and measuring fluorescence from EGFP or measuring tumor tissue levels of IL2 using ELISA. Using another embodiment of the present 15 invention, human tumor cells are injected into SCID mice. The tumors grown to an appropriate measurable size and injected with DNA-lipid complexes. Tumors are heated using ultrasound and gene expression measured at times after heating. The efficacy of these treatments is indicated by a decrease in the size of the tumor, a decrease in metastatic activity, a decrease in cell proliferation or a halt in the tumor 20 growth as a result of the administration of the therapeutic compositions of the present invention. Various modifications and variations of the present invention will be apparent to those skilled in the art without departing from the scope and spirit of the invention. Although the invention has been described in connection with specific 25 preferred embodiments, it should be understood that the invention as claimed should not be unduly limited to such specific embodiments. Indeed, various modifications of the described modes for carrying out the invention which are obvious to those skilled in the art are intended to be within the scope of the following claims.

Claims (46)

1. A method of effecting expression of a selected polynucleotide in a mammalian cell comprising: 5 (a) providing an expression construct, said expression construct comprising (i) an inducible promoter operably linked to a gene encoding a transactivating factor; and (ii) a second promoter operably linked to said selected polynucleotide, wherein said second promoter is activated by said transactivating factor; 10 (b) introducing said expression construct into said cell; and (c) subjecting said cell to conditions which activate said inducible promoter, wherein said conditions result in the expression of said selected polynucleotide. 15

2. The method of claim 1, wherein said inducible promoter is a heat shock promoter and the conditions which activate said inducible promoter are hyperthermic conditions. 20

3. The method of claim 2, wherein said hyperthermic conditions comprise a temperature between about basal temperature for said cell and about 42 0 C.

4. The method of claim 3, wherein said hyperthermic conditions comprises a temperature between about 37 0 C and about 42'C. 25

5. The method of claim 4, wherein said hyperthermic conditions comprise a temperature between about 38 0 C and about 41 0 C.

6. The method of claim 5, wherein said hyperthermic conditions comprise a 30 temperature between about 39'C and about 40'C. WO 99/23216 PCT/US98/23387 67

7. The method of claim 2, wherein said heat shock promoter is derived from a promoter selected from the group consisting of the HSP70, HSP90, HSP60, HSP27, HSP72, HSP73, HSP25, ubiquitin, and HSP28 promoters. 5

8. The method of claim 1, wherein said inducible promoter comprises a hypoxia-responsive element.

9. The method of claim 1, wherein said second promoter is selected from the 10 group consisting of an HIV- 1 promoter and an HIV-2 promoter, and said transactivating factor is tat.

10. The method of claim 1, wherein the expression of said selected polynucleotide results in the production of a polypeptide, a protein, a 15 ribozyme, or an antisense nucleic acid.

11. The method of claim 1, wherein said selected polynucleotide encodes a protein selected from the group consisting of ornithine decarboxylase antizyme protein, p53, p16, neu, IL1, IL2, IL4, IL7, IL12, IL15, FLT-3 20 ligand, GM-CSF, G-CSF, IFNy, IFNa, TNF, HSV-TK, I-CAM 1, HLA-B7, and TIMP-3.

12. The method of claim 1, wherein said expression construct further comprises a gene encoding a selectable marker. 25

13. The method of claim 1, wherein said expression construct further comprises (i) a second selected polynucleotide operably linked to said second promoter; and (ii) an internal ribosome entry site positioned between said first and second selected polynucleotides. 30 WO 99/23216 PCT/US98/23387 68

14. The method of claim 1, wherein said cell is a tumor cell.

15. The method of claim 1, wherein the introduction of said expression construct into said cell is mediated by a delivery vehicle selected from the group 5 consisting of liposomes, retroviruses, adenoviruses, adeno-associated viruses, lentiviruses, herpes simplex viruses, and vaccmia viruses.

16. The method of claim 1, wherein the introduction of said expression construct into said cell occurs in vitro. 10

17. The method of claim 1, wherein the introduction of said expression construct into said cell occurs in vivo.

18. A method of providing a subject with a therapeutically effective amount of 15 an expression product of a selected polynucleotide comprising: (a) providing a first expression construct, said expression construct comprising an inducible promoter operably linked to a gene encoding a transactivating factor; (b) providing a second expression construct, said second expression 20 construct comprising a second promoter operably linked to said selected polynucleotide, wherein said second promoter is activated by said transactivating factor; (c) introducing said first and second expression constructs into a cell of said subject; and 25 (d) subjecting said cell to conditions which activate said inducible promoter, wherein expression of said selected polynucleotide is induced by said conditions. WO 99/23216 PCT/US98/23387 69

19. The method of claim 18, wherein said inducible promoter is a heat shock promoter and the conditions which activate said inducible promoter comprise a temperature between about basal temperature and about 42'C. 5

20. The method of claim 19, wherein said first and second expression constructs are on the same vector.

21. The method of claim 20, wherein the introduction of said expression constructs into said cell occurs ex vivo. 10

22. The method of claim 18, wherein the introduction of said expression constructs into said cell occurs in vivo.

23. The method of claim 18, wherein the expression product of said selected 15 polynucleotide is harmful to a pathogen in said subject, wherein said pathogen is selected from the group consisting of viruses, bacteria, fungi, and parasites.

24. The method of claim 18, wherein the expression product of said selected 20 polynucleotide inhibits the growth of said cell.

25. The method of claim 18, wherein the expression product of said selected polynucleotide replaces a deficient protein in said subject. 25

26. The method of claim 18, wherein the expression product of said selected polynucleotide promotes nerve regeneration.

27. A method of treating cancer in a mammal comprising the steps of: (a) providing an expression construct, said expression construct 30 comprising (i) an inducible promoter operably linked to a gene WO 99/23216 PCT/US98/23387 70 encoding a transactivating factor; and (ii) a second promoter operably linked to a selected polynucleotide, wherein said second promoter is activated by said transactivating factor; (b) introducing said expression construct into a tumor cell; and 5 (c) subjecting said tumor cell to conditions which activate said inducible promoter, wherein said conditions result in the expression of said selected polynucleotide and the expression product of the selected polynucleotide is expressed in an amount effective to inhibit the growth of said tumor cell. 10

28. The method of claim 27, wherein said inducible promoter is a heat shock promoter and the conditions which activate said inducible promoter are hyperthermic conditions comprising a temperature between about basal temperature and about 42'C. 15

29. The method of claim 27, further comprising treating said tumor cell with at least one established form of therapy for cancer which is selected from the group consisting of external beam radiation therapy, brachytherapy, chemotherapy, and surgery. 20

30. The method of claim 27, further comprising: (d) treating said tumor cell with the radioprotector WR-33278 or WR 1065 after subjecting it to hyperthermic conditions; and (e) in a final step, treating said tumor cell with radiation therapy, wherein said selected polynucleotide encodes ornithine decarboxylase 25 antizyme protein.

31. The method of claim 27, wherein said mammal is a human.

32. The method of claim 27, wherein said cancer is selected from the group 30 consisting of cancers of the brain, lung, liver, bladder, spleen, kidney, lymph WO 99/23216 PCT/US98/23387 71 node, small intestine, pancreas, blood cells, colon, stomach, breast, endometrium, prostate, testicle, ovary, skin, vulva, cervix, head and neck, esophagus, bone marrow, and blood. 5

33. A method for provoking an immune response in a mammal comprising: (a) providing an expression construct, said expression construct comprising (i) an inducible promoter operably linked to a gene encoding a transactivating factor; and (ii) a second promoter operably linked to a selected polynucleotide, wherein said second promoter is 10 activated by said transactivating factor; (b) introducing said expression construct into a cell in the mammal; and (c) subjecting said cell to conditions which activate said inducible promoter, wherein said conditions result in the expression of said selected 15 polynucleotide and the expression product of the selected polynucleotide is expressed in an amount effective to provoke an immune response in said mammal, said immune response being selected from the group consisting of a humoral immune response and a cellular immune response. 20

34. The method of claim 33, wherein the inducible promoter is a heat shock promoter and the conditions which activate said inducible promoter are hyperthermic conditions comprising a temperature between about basal temperature and about 42'C. 25

35. The method of claim 33, wherein the immune response is directed against said cell.

36. The method of claim 35, further comprising treating said cell with an established form of therapy for cancer selected from the group consisting of 30 chemotherapy, external beam radiation therapy, brachytherapy, and surgery. WO 99/23216 PCT/US98/23387 72

37. The method of claim 33, wherein said mammal is a human.

38. A method of altering the genetic material of a mammal, comprising: 5 (a) providing an expression construct, said expression construct comprising (i) an inducible promoter operably linked to a gene encoding a transactivating factor; and (ii) a second promoter operably linked to said selected polynucleotide, wherein said second promoter is activated by said transactivating factor; and 10 (b) introducing said expression construct into a cell of said mammal.

39. An expression construct comprising: (a) a gene encoding a transactivating factor; 15 (b) an inducible promoter operably linked to said gene; (c) a selected polynucleotide; and (d) a second promoter operably linked to said selected polynucleotide, said second promoter being activated by said transactivating factor. 20

40. The expression construct of claim 39, wherein said inducible promoter is a heat shock promoter and expression of said selected polynucleotide is induced by hyperthermic conditions, said hyperthermic conditions comprising a temperature between about 37 0 C and about 42'C. 25

41. The expression construct of claim 40, wherein said heat shock promoter is derived from a promoter selected from the group consisting of the HSP70, HSP90, HSP60, HSP27, HSP72, HSP73, HSP25, ubiquitin, and HSP28 promoters. WO 99/23216 PCT/US98/23387 73

42. The expression construct of claim 39, wherein said inducible promoter comprises a hypoxia-responsive element.

43. The expression construct of claim 39, wherein said second promoter is 5 selected from the group consisting of HIV- 1 promoter and HIV-2 promoter and said transactivating factor is selected from the group consisting of tat.

44. The expression construct of claim 39, wherein expression of said selected polynucleotide results in the production of a polypeptide, protein, ribozyme 10 or antisense molecule.

45. The expression construct of claim 39, wherein said expression construct further comprises (i) a second selected polynucleotide operably linked to said second promoter; and (ii) an internal ribosome entry site positioned 15 between said first and second selected polynucleotides.

46. A cell comprising the expression construct of claim 39.