Appeal No. 2001-1907 Page 3
Application No. 08/694,315
Wood et al. (Wood), ”Proteins in Solution and Enzyme Mechanisms,”
Biochemistry A Problems Approach, 2nd edition, pp. 126-172 (1981)
Takashi et al. (Takashi), ”Basic studies on nebulizer therapy with histaglobin,
Systemic effects and histological findings of nasal and tracheal mucosa in
guinea pigs exposed to histamine-added guinea pig gamma-globulin,” Chemical
Abstracts, Vol. 112, p. 50, Abstracts No. 112:111828b (1990)
Fahey et al. (Fahey), ”Immune-based therapies in HIV infection,” Clin. Exp.
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Edition, Chp. 38, pp. 1354-1368 (1993)
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Claims 23, 26 and 27 stand rejected under 35 U.S.C. § 112, first
paragraph, on the grounds that the specification does not enable any person
skilled in the art to which it pertains, or with which it is most nearly connected, to
make and use the invention commensurate in scope with the claims. Claims 1-2,
5-16, 18-23 and 25-27 stand rejected under 35 U.S.C. § 103(a) as being
rendered obvious by the combination of Yoshii I, Yoshii II, Naiki, Getlik, Takashi,
McMichael and Wood. In addition, claims 23, 26 and 27 stand rejected under
the judicially created doctrine of obviousness-type double patenting over the
combination of claims 1-11 of U.S. Patent No. 5,780,026, McMichael and Wood.
After careful review of the record and consideration of the issues before us, we
reverse all of the rejections of record.
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