Appeal No. 94-0962
Application No. 07/776,895
described by Shealy for the treatment of herpes simplex
viruses types 1 and 2 for the treatment of cytomegalovirus
infections in humans. To support this contention, the
examiner relies on Vince ’224 . However, Vince ’224 points3
to the unpredictable nature of behaviors of structurally
similar compounds in the context of treating different herpes
viruses (see column 1, line 64 to column 2, line 2 and column
2, lines 41-44) and describes a broad generic formula which
embrace a myriad of compounds, without including 2-
deoxyguanosine. The references and the expert opinion
declarations relied on by appellant also establish that
mechanisms for treating herpes simplex viruses types 1 and 2
are materially different from that of cytomegalovirus. Due to
this difference, the experts conclude that a person having
ordinary skill in the art would not look to compounds useful
for treating herpes simplex viruses types 1 and 2 for the
treatment of cytomegalovirus infections. Under these
circumstances, we agree with appellant that the prior art
references as a whole not only would not have suggested to one
3The disclosures of Vince ’758 and Vince ’559 are
substantially identical to that of Vince ’224.
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