Ex parte KUHNE - Page 4




          Appeal No. 95-4791                                                           
          Application 08/034,849                                                       
          “the various subsidiary forms of the HIV virus” (Specification               
          (Spec.), p. 1, l. 9-10).  Therefore, appellant’s claims are                  
          limited to a method of treating the various subsidiary forms                 
          of the HIV virus by parenterally administering amounts of the                
          chemically-stabilized chlorite matrix effective to inhibit one               
          or more of the various forms of HIV virus to a subject                       
          infected by one or more of the various forms of HIV virus.  It               
          is to be understood that opportunistic infections associated                 
          with infections by one or more of the various forms of the HIV               
          virus simultaneously may be treated by the method claimed.                   
          However, the claims require the step of administering amounts                
          of a chemically-stabilized chlorite matrix to a subject                      
          infected by one or more of the various forms of                              
          the HIV virus in amounts effective to inhibit the HIV viral                  
          infection.                                                                   
          2.   Prior art teaching                                                      
               A.   Sanosa, The Merck Index, and Acknowledgments                       
               The examiner finds that Sanosa and The Merck Index teach                
          stabilized chlorite solutions of the type utilized in                        
          appellant’s claimed process for use as topical, surgical,                    
          and/or wound disinfectants and antiseptics (Ans., pp. 3-4).                  
          We need not dwell on the question whether the examiner erred                 
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