Appeal No. 95-3640
Application 08/147,742
examiner has not explained, and we do not find, why one of
ordinary skill in the art could not have carried out, without
undue experimentation, the method recited in appellants’ claim
1 as that claim is interpreted above, or in appellants’ claim
4 which recites a method for protecting against infection by
rhinoviruses. Hence, we reverse the rejection of claims 1-6
under 35 U.S.C. § 112, first paragraph.
Rejection under 35 U.S.C. § 103
Merck Index discloses that ethanol was a known topical
anti-infective. Mazur discloses that a mixture of 3% iodine,
2% Mercurochrome, 10% phenol and 47.5% ethanol showed the
highest virucidal activity of ten disinfectants and
antiseptics tested in vitro against polio type I, vesicular
stomatitis, vaccinia and adeno-viruses. Anderson discloses
that diseases caused by infections with bacteria, virus and
fungi were cured by combined or separate application of acids
and salts. Specifically, Anderson states that
“[a]dministration of benzoic acid (or Na benzoate) and citric
acid inhibited the outbreak of Herpes labialis.” Kirschner
discloses that disinfectants comprising citric acid and,
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