Ex parte KUHNE - Page 3




          Appeal No. 95-4791                                                           
          Application 08/034,849                                                       
               unbound HIV virus present in the subject is inactivated                 
               by the treatment thereby inhibiting infection of                        
          undamaged                                                                    
               cells.                                                                  
                    11. A method according to claim 1, wherein the                     
               concentration of T-cells and NK cells are increased                     
               after administration of said chlorite matrix.                           
               The examiner appears to be satisfied by the evidence of                 
          record that (1) the method appellant claims meets the                        
          practical utility requirements of 35 U.S.C. § 101, and (2) the               
          description of the claimed invention in the specification                    
          would have enabled one skilled in the art to make and use the                
          full scope of the method claimed in the manner provided by the               
          first paragraph of 35 U.S.C. § 112.  We review the merits of                 
          the final rejection under 35 U.S.C. § 103 in that light.                     
                                     Discussion                                       
          1.   Claim interpretation                                                    
               The claimed process of parenterally treating HIV                        
          infections requires parenteral administration of an                          
          inhibition-effective amount of a chemically-stabilized                       
          chlorite matrix comprising an isotonic solution containing                   
          about 5 to about 100 mMol ClO  per liter of isotonic solution2-                                              
          to a subject in need of treatment for HIV infections.  We hold               
          that the phrase “HIV infections” in appellant’s claims means                 

                                          3                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007