Ex Parte PLASSE - Page 12




                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,                                          
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