Appeal No. 95-4791
Application 08/034,849
of
12 to 72 Tmol ClO per ml may be administered intravenously to2-
treat infectious conditions caused by parasites, fungi,
bacteria, viruses and mycoplasmas (Australia, p. 2a, first
para.).
3. Issues and Findings
The consistent criterion for determination of
obviousness is whether the prior art would have suggested
to one of ordinary skill in the art that this process
should
be carried out and would have a reasonable likelihood of
success, viewed in light of the prior art.
In re Dow Chemical Co., 837 F.2d 469, 473, 5 USPQ2d 1529, 1531
(Fed. Cir. 1988). “[T]he appealed claims must be considered
in light of all the evidence, and the resulting decision, that
the claimed invention would or would not have been obvious, is
to be made in such light.” In re May, 574 F.2d 1082, 1089,
197 USPQ 601, 607 (CCPA 1978).
The examiner argues that persons having ordinary skill in
the art reasonably would have expected from prior art
teachings as a whole that parenteral administration of
isotonic solutions of chemically-stabilized chlorite would not
only inhibit (1) virus infections of subjects infected with
all types of viruses, and (2) retrovirus infections of
8
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