Ex Parte Bass - Page 10


                    Appeal No.  2005-1164                                                                     Page 10                       
                    Application No.  09/721,131                                                                                             
                    Accordingly, there is no evidence on this record supporting appellant’s asserted                                        
                    utility.                                                                                                                
                            We recognize appellant’s assertion (Brief, page 10), “that treating HIV                                         
                    infection was once considered an inherently unbelievable undertaking, but since                                         
                    then, treatments for HIV infection have gained acceptance, and both AZT                                                 
                    (zidovudine) and 3TC (lamivudine) are recognized as effective for treating HIV                                          
                    infection.”  Both AZT and 3TC function by blocking reverse transcription.  See                                          
                    Goldman, bridging paragraph, pages 1934-1935.  There is no evidence on this                                             
                    record that NaCl in the amount set forth in appellant’s claim would block reverse                                       
                    transcription of HIV RNA.  Further, as explained in the Merck brochure entitled                                         
                    “Livin’ It” the drug CRIXIVAN® is a protease inhibitor which functions to “stop the                                     
                    protease enzyme from cutting protein chains into the smaller pieces that are                                            
                    needed for new virions.”  There is no evidence on this record that NaCl in the                                          
                    amount set forth in appellant’s claim would act as a protease inhibitor.                                                














                                                                                                                                            
                    9 According to appellant this brochure illustrates (1) the “size difference” between an HIV particle                    
                    and a T-cell (Brief, page 6), and (2) “how HIV infects a person” (Brief, page 8).                                       





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