Ex Parte Bass - 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                                for publication and is not binding precedent of the Board.                      

                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                 __________                                                     
                            BEFORE THE BOARD OF PATENT APPEALS                                                  
                                          AND INTERFERENCES                                                     
                                                 __________                                                     
                                           Ex parte RALPH L. BASS                                               
                                                 __________                                                     
                                            Appeal No.  2005-1164                                               
                                          Application No.  09/721,131                                           
                                                 __________                                                     
                                                  ON BRIEF                                                      
                                                 __________                                                     
                Before WILLIAM F. SMITH, ADAMS, and GRIMES, 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 22-42, which are all the claims pending in the             
                application.                                                                                    
                       Claims 22, 27 and 28 are illustrative of the subject matter on appeal and                
                are reproduced below:                                                                           
                       22. A method for providing sodium chloride to a human having HIV                         
                           infection by administering to the upper gastro-intestinal tract of the               
                           human a selected amount of a formulation of sodium chloride, said                    
                           method comprising:                                                                   
                             (a) administering the sodium chloride formulation to the human’s                   
                                upper gastrointestinal tract so as to introduce the sodium                      
                                chloride formulation to the metabolism of the human, wherein                    
                                the amount of the sodium chloride in the sodium chloride                        
                                formulation administered is (i) sufficient to provide more sodium               
                                chloride than the human’s average daily intake for sodium                       
                                chloride, as determined after monitoring the human for about 1                  





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