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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