Ex Parte VON HOFF et al - Page 1


                         The opinion in support of the decision being entered today was not written           
                                for publication and is not binding precedent of the Board.                    
                                                                                 Paper No. 17                 
                       UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                                     Ex parte DANIEL D. VON HOFF, and                                         
                                               ALAN A. RUBIN                                                  
                                                __________                                                    
                                           Appeal No.  2001-0992                                              
                                         Application No.  08/527,880                                          
                                                __________                                                    
                                                 ON BRIEF                                                     
                                                __________                                                    
                Before WINTERS, WILLIAM F. SMITH, and ADAMS, Administrative Patent                            
                Judges.                                                                                       
                ADAMS, Administrative Patent Judge.                                                           

                                           DECISION ON APPEAL                                                 
                      This is a decision on the appeal under 35 U.S.C. § 134 from the                         
                examiner’s final rejection of claims 1-5, which are all the claims pending in the             
                application.                                                                                  
                      Claim 1 is illustrative of the subject matter on appeal and is reproduced               
                below:                                                                                        
                      1. A method for treating AIDS-associated non-Hodgkin’s lymphoma                         
                         (NHL) in a human immunodeficiency virus (HIV) positive human                         
                         individual, such treatment comprising administering to the individual an             
                         effective amount of pharmaceutically acceptable gallium nitrate.                     


                      The references relied upon by the examiner are:                                         





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