Appeal No. 1995-3147
Application No. 07/946,023
DECISION ON APPEAL
This appeal was taken from the examiner's decision
rejecting claims 31, 32 and 36 through 38, which are all of
the claims remaining in the application.
Claims 32 and 38 are representative:
32. A method of treating HSV-2 infection which comprises
administering intranasally to a host subject to said infection
an effective amount of a ribosyl polyinosinic
acid@polycytidylic acid-polyuridylic acid copolymer.
38. A therapeutic composition for treating viral
diseases by enhancing immunological protection by increasing
natural killer cell activity in an animal in need thereof
comprising a polynucleotide of the formula polyrI@polyr(C U),
12
an antibacterial, antifungal compound, and an inorganic salt
for maintaining the intactness of said polynucleotide, said
salt being sodium chloride, potassium chloride or magnesium
chloride.
The references relied on by the examiner are:
Chain et al. (Chain) 3,975,520 Aug. 17, 1976
Ishida et al. (Ishida) 3,980,776 Sep. 14, 1976
Ts'o et al. (Ts'o) 4,024,222 May 17, 1977
Bernstein et al. (Bernstein) 4,603,131 Jul. 29, 1986
Klaus Munk et al. (Munk), 77 Chemical Abstracts no. 32470j,
356 (1972)
The Merck Index: An Encyclopedia of Chemicals and Drugs 137,
270, 1202 (9th ed., Merck & Co., Inc., New Jersey 1976)
The appealed claims stand rejected as follows: (1)
claims 37 and 38 under 35 U.S.C. § 112, first paragraph, as
-2-
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