Appeal No. 95-4791
Application 08/034,849
infections. See page 2, l. 22-27, of appellant’s
specification and page 1064, phagocyte, of Stedman’s Medical
Dictionary, 24th Edition, Williams & Wilkins, Baltimore, MD
(1982)(attached).
Third, we find that the physiological activity of the HIV
virus is sufficiently unpredictable and so distinct from that
of bacteria that persons having ordinary skill in the art
reasonably would not have expected to be able to successfully
treat
subjects infected by the HIV virus using a procedure found to
be successful for treating bacteria. Little correlation
between success in treating the HIV virus and success in
treating other RNA viruses has been found. See the Discussion
in In re Wright, 999 F.2d 1557, 1561-1564, 27 USPQ2d 1510,
1513-1515 (Fed. Cir. 1993).
Fourth, the art has long sought and continues to search
for suitable means and methods for successfully treating
infection by the HIV virus.
Fifth, appellant’s specification cites prior art which
purports to teach that chlorine dioxide-liberating chlorites
generally had been presumed to attack red blood cells and
therefore had been considered unsuitable for treating
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