Appeal No. 1995-3147
Application No. 07/946,023
under 35 U.S.C. § 101 as based on a lack of demonstrated
utility
that the claimed method and composition are effective for the
treatment of "viral diseases"; (4) claims 32, 36, and 37 under
35 U.S.C. § 103 as unpatentable over Ts'o in combination with
Munk and Chain or Ishida; and (5) claims 31 and 38 under
35 U.S.C. § 103 as unpatentable over the combined disclosures
of Ts'o, Munk, Chain, Ishida, The Merck Index, and Bernstein.
On consideration of the record, including the Appeal
Brief, the Examiner's Answer, and the Aurelian Declaration
executed May 7, 1992, and attachments thereto, we find that
the examiner's rejections lack merit.
Accordingly, it is ORDERED that the rejection of claims
37 and 38 under 35 U.S.C. § 112, first paragraph; the
rejection of claims 31 and 38 under 35 U.S.C. § 112, first
paragraph; the rejection of claims 37 and 38 under 35 U.S.C.
§ 101; the rejection of claims 32, 36 and 37 under 35 U.S.C.
§ 103 as unpatentable over Ts'o in combination with Munk and
Chain or Ishida; and the rejection of claims 31 and 38 under
35 U.S.C. § 103 as unpatentable over the combined disclosures
of
-4-
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007