Ex parte BODIAN et al. - Page 2




               Appeal No. 95-1364                                                                                                 
               Application No. 07/919,287                                                                                         


                                                          Background                                                              
                      The subject matter of the invention is a medical method.  In particular, the claims are directed to         
               a method for treating a viral condition caused by an enveloped virus.  According to the specification              
                              [e]nveloped viruses include a fusion protein that changes conformation from a                       
                              native form to a fusogenic form.  This promotes fusion of the viral membrane                        
                              with the host cell membrane, resulting in injection of viral contents into the host                 
                              cell.                                                                                               
               Specification, p. 1, lines 19-22.   Applicants list the following families of viruses as enveloped viruses:        
                              Togaviridae, Flaviviridae, Coronaviridae, Rhabdoviridae, Filoviridae,                               
                              Paramyxoviridae, Orthmyxoviridae, Bunyaviridae, Arenaviridae, Retroviridae,                         
                              Hepadnaviridae, Herpesviridae, Poxviridae and Iridoviridae.                                         
               Specification, p. 4, lines 31 - 34.   The conditions which can be treated using the invention are said to          
               include                                                                                                            
                              rubella, yellow fever, rabies, influenza, Korean hemorrhagic fever, common                          
                              colds, respiratory syncytial virus, measles, mumps, HIV, hepatitis B, Herpes                        
                              simplex, CMV, chicken pox, smallpox, Marburg virus, hemorrhagic fever,                              
                              Lassa fever and African swine fever.                                                                
               Specification, p. 4, line 34 - p. 5, line 4.                                                                       
                      According to applicants the viral condition is treated by administering a therapeutically effective         
               amount of a substituted benzene compound to the patient.  The substituted benzene compound is generically          
               defined as a benzene compound comprising a 2-R , 3-R -1-OX , 4-OX  where at least one of R  and R1     2      1      2                     1      2               
               include a carbon linkage to the benzene ring and OX  and OX  are simultaneously hydroxy.  See Claim1       2                                                       
               1.   Applicants’ specification also tells us that the treatment is effective because the compound inhibits fusion  
               of the viral membrane with the cell’s endosomal membrane by binding near the stem region or the hinge              
               region of the virus’ hemagglutinin glycoprotein.  The bound compound reduces the ability of the fusion             
               protein to adopt the fusogenic  conformation.  Specification, p. 1, line 31 - page 4, line 19.                     
                      Independent claims 1, 14, 23 and 26 are representative (Appendix of claims, p. 1-3):                        

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