Appeal No. 95-4441
Application No. 07/970,229
This is a decision on an appeal from the final rejection
of claims 13 through 27 which are all of the claims remaining
in the application. On page 2 of the Brief, the appellants
have indicated that claims 16 and 24 are withdrawn from this
appeal, thereby leaving for our consideration only claims 13
through 15, 17 through 23 and 25 through 27 . 2
The subject matter on appeal relates to a method for
treating a mammal suffering from a viral infection comprising
administering to the mammal a virus inhibiting amount of
certain compounds. This appealed subject matter also relates
to a pharmaceutical composition for treating mammals suffering
from viral infections comprising a pharmaceutically acceptable
carrier or diluent in combination with an antiviral effective
2Contrary to the appellants’ impression, claims 17, 21
and 25 do not read in the manner reflected by the claim
reproductions which appear in the appendix of the Brief.
7 8
Specifically, claims 17 and 25 recite that R and R are H
rather than OH as reproduced in view of the amendment filed
April 8, 1993. Additionally, line 4 of claim 21 recites
“effect amount” rather than --effective amount-- as
reproduced. In our disposition of this appeal, we will treat
the aforementioned claims as though they contain the language
desired by the appellants as shown in the Brief appendix.
However, in any further prosecution that may occur, the
appellants should amend these claims to that they contain the
desired language.
2
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