Appeal No. 97-0477
Application 07/396,751
SIP which neutralizes HIV-1 in vitro. That publication is
dated May 1993, compared with the August 24, 1989 filing date
of this application. As we stated in our original opinion,
"[o]n this record . . . appellant has not established that
Levi et al.'s successful results were the product of routine
experimentation based solely on pre-filing date technology and
knowledge." In the request for rehearing, appellant does not
take issue with that statement or explain why it is incorrect.
Again, appellant has not established that Levi et al.'s
successful results were the product of routine experimentation
based solely on pre-filing date technology and knowledge,
e.g., the scientific articles discussed in the Appeal Brief,
pages 12-17, and listed in the request for rehearing, page 3.
We have considered appellant's request to the extent
indicated above, but we decline to modify our original
decision in any manner.
The request is denied.
No time period for taking any subsequent action in
connec-tion with this appeal may be extended under 37 CFR
§ 1.136(a).
DENIED
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