Appeal No. 95-4791
Application 08/034,849
subjects infected with all types of retroviruses, but also (3)
the various subsidiary forms of the HIV virus infections in
humans infected with the various subsidiary forms of the HIV
virus. We disagree for the following reasons.
First, we find that the prior art direction to (1)
topically administer stabilized chlorite solutions prior to,
or in the course of, surgery as an anti-infectant,
disinfectant, or antiseptic, (2) topically or intravenously
administer stabilized chlorite solutions as an antitumor agent
in conjunction with radio- or chemotherapy, and (3)
intravenously administer stabilized chlorite solutions for the
treatment of “infectious conditions caused by parasites,
fungi, bacteria, viruses and/or mycoplasmas,” reasonably would
not have led persons having ordinary skill in the art to
expect success in treating HIV viral infection by parenteral
administration of stabilized chlorite solutions to an infected
subject without some objective evidence indicative of
potential success. The only objective evidence of potential
success in parenterally treating HIV virus infection that the
examiner presents relates to the treatment of subjects
infected with bacteria or subjects undergoing radio- or
chemotherapy for malignant tumors. The only objective
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007