Ex parte KUHNE - Page 7




          Appeal No. 95-4791                                                           
          Application 08/034,849                                                       
          are administered in conjunction with conventional radiotherapy               
          and chemotherapy to influence the efficiency of conventional                 
          radio- and chemotherapeutics (Canada, p. 1, l. 27, to p. 2, l.               
          24).  The stabilized chlorite matrices are said to influence                 
          the body’s own defense mechanisms (Canada, p. 3, l. 29-31).                  
               Australia 599,027 (Australia) describes “the use of an                  
          aqueous solution of a stabilized chlorite matrix for                         
          intravenous administration in infectious conditions caused by                
          parasites, fungi, bacteria, viruses and/or mycoplasmas”                      
          (Australia, p. 2,                                                            
          l. 1-5).  At page 2, lines 16-22, Australia teaches:                         
               It is known from the literature . . . that there is a                   
               close correlation between the extent of the oxidative                   
               response to phagocytosis and the ability to kill                        
               microorganisms intracellularly.                                         
                                                                                      
          Australia proffers the results of in vitro tests on select                   
          bacterial infections which purportedly illustrate that                       
          stabilized chlorite matrices stimulates phagocyte activation                 
          and cellular immune responses in vivo (Australia, p. 2a, l.                  
          19, to p. 6,                                                                 
          l. 26).  The evidence to which Australia points purports to                  
          support its claims that effective amounts of aqueous solutions               
          of a stabilized chlorite matrix with a chlorite concentration                

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