Ex parte SCHEER - Page 2




                 Appeal No. 94-0962                                                                                                                     
                 Application No. 07/776,895                                                                                                             


                 This appealed subject matter is illustrated in claim 1 which                                                                           
                 reads as follows:                                                                                                                      




                          27.  A method                                              for preventing or treating                                         
                 cytomegalovirus                                                     infections in humans                                               
                 characterized by                                                    administering to said                                              
                 human an antiviral                                                  effective amount of a                                              
                 compound of the                                                     formula                                                            











                          The references relied on by the examiner are:                                                                                 
                 Shealy et al. (Shealy)                                         4,543,255                           Sep. 24,                            
                 1985 Borthwick et al. (Borthwick)                                                4,857,531                                             
                          Aug. 15, 19892                                                                                                                
                 Vince et al. (Vince ‘224)                                      4,916,224                           Apr. 10,                            
                 1990                                                                                                                                   
                 Vince et al. (Vince ‘559)                                      4,931,559                           Jun. 05,                            
                 1990                                                                                                                                   

                          2The examiner does not rely on this reference in the                                                                          
                 statement of rejection in the final Office action or in the                                                                            
                 Answer.                                                                                                                                
                                                                           2                                                                            





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