Appeal No. 94-2477
Application 07/893,554
§ 1.132 states at page 7, “dronabinol [delta-9-THC] has been reported in a number of
clinical investigations to increase appetite in both normal subjects and cancer patients.
[citations omitted] Anecdotally, the drug has been noted to enhance appetite and cause
weight gain in HIV patients as well. [citation omitted] These effects have occurred at
doses which generally do not cause side effects.” The citation set forth in support of
the anecdotal evidence regarding dronabinol being associated with enhancement of
appetite and causing weight gain in HIV patients is to a work stated to be “in press” and
lists appellant as a coauthor.
If prosecution is resumed on this subject matter before the examiner in this
application or in a continuing application, appellant should make of record the so-called
anecdotal evidence that dronabinol was noted to enhance appetite and cause weight
gain in HIV patients. If this information is prior art to the claims on appeal, the examiner
should take appropriate action.
Time Period For Response
Any request for reconsideration or modification of this decision by the Board of
Patent Appeals and Interferences based upon the same record must be filed within one
month from the date of the decision. 37 CFR § 1.197. Should appellant elect to have
further prosecution before the examiner in response to the new rejection under 37 CFR
§ 1.196(b) by way of amendment or showing of facts, or both, not previously of record,
12
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007