Ex Parte PLASSE - Page 6




              Appeal No. 94-2477                                                                                       
              Application 07/893,554                                                                                   



               103.  As evidence of obviousness, we rely upon the full text article to Noyes4,                        
              Regelson5 and the following admission set forth at page 1 of the present specification:                  
                     Among the many problems endured by patients suffering from symptomatic HIV                        
                     infection, which includes inter alia AIDS (Acquired Immune Deficiency Syndrome) and               
                     ARC (AIDS Related Complex), are loss of appetite with consequent loss of weight.  This            
                     loss of appetite and loss of weight further debilitates the patients and increases the many       
                     problems associated with the HIV infection.                                                       
                     The claims on appeal are directed to a method of treating a patient with                          
              symptomatic HIV infection, e.g., AIDS or ARC, by administering a 2.5 mg dose of delta-                   
              9-tetrahydrocannabinol (delta-9-THC) twice daily.  Delta-9-THC is the active ingredient                  
              in marijuana.  See page 1, second full paragraph of the specification.  Noyes reports                    
              the results obtained from a study which examine the effects of delta-9-THC on                            
              advanced cancer patients.  The patients were administered either a placebo, 10 mg/day                    
              or 20 mg/day of delta-9-THC.  The side effects resulting from the three treatments were                  
              monitored and reported in Table 3 of the reference as follows:                                           






                     4  A copy of this full text article as well as a copy of the full text Vaupel article are         
              attached.                                                                                                
                     5  Regelson et al., (Regelson), “Delta-9-tetrahydrocannibol as an effective                       
              antidepressant and appetite-stimulating agent in advanced cancer patients,” The                          
              Pharmacology of Marihuana, eds. M.C. Braude and S. Szera (New York: Raven Press,                         
              1976), 763-776 (copy of record).                                                                         
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