Appeal No. 1999-2523 Page 3
Application No. 08/475,791
concurrent administration of 1) a glutathione agent; 2) at least one additional
antioxidant; and 3) at least one NFKB induction inhibitor.” Appellant discloses
(specification, page 6), “by using this combination of ingredients, the
reproduction of latent viruses in animals can be repressed.”
THE REJECTION UNDER 35 U.S.C. § 103:
According to the examiner (Answer, page 3) Malfroy-Camine teaches “a
composition containing N-acetylcysteine[1], tocopherol (fat soluble vitamine),
ascorbate (water soluble vitamine), 21 aminosteroids (lazaroids) and cortisone
(note col. 26, lines 45-51).” However, the examiner finds (id.), that while Malfroy-
Camine does not exemplify the claimed composition, the reference “teaches the
functions of lazaroids, steroids and various antioxidants and the rationale for
preparing compositions containing these ingredients for the treatment of various
diseases including AIDS[ ]([]note columns 1-7, and 26-27).” Therefore, the
examiner concludes (Answer, bridging sentence, pages 3-4) that it would have
been obvious “to one of ordinary skill in the art [at the time the invention was
made] to prepare compositions containing [the] instant components” based on
the teachings of Malfroy-Camine alone.
Notwithstanding the above conclusion, the examiner finds (Answer, page
4) that “Malfroy-Camine does not use the term, NFKB inhibitors.” However, the
examiner finds (id.) Muller discloses “that TNF is inflammatory and activates
NFKB and a potential activator for HIV and other retroviruses.” The examiner
also finds (id.) Muller discloses “that the suppression of TNF effects was
1 We note the specification discloses (page 8) that “N-acetyl cysteine, L-cysteine or 2-oxo-4-
thiazolidene carboxylic acid, as well as other substances, can act as glutathione precursors.”
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