Appeal No. 1996-0729
Application No. 07/859,572
February 17, 1995) for the examiner’s reasoning in support of the rejections, and to the appellants’
brief (Paper No. 24, filed November 16, 1994) and the appellants’ reply brief (Paper No. 28, filed
April 19, 1995) for the appellants’ arguments thereagainst.
BACKGROUND
According to appellants, HIV components, and therefore HIV infections, inhibit T-lymphocyte
proliferation by elevating the PKA/cAMP pathway in affected lymphocytes. Appellants’ invention is
directed (1) to methods using a known inhibitor, i.e., 2',5'-dideoxyadenosine, of an essential component
of the PKA/cAMP pathway, i.e., adenylate cyclase, to inhibit elevation of the PKA/cAMP pathway
thereby restoring normal T-lymphocyte proliferation and function (claim 1) and treating a subject
infected with HIV (claim 12) and (2) to pharmaceutical compositions comprising 2',5'-
dideoxyadenosine and a pharmaceutically acceptable excipient (claim 7). [Brief, pages 2-3.]
OPINION
I. Rejection of method claims 1, 12-14, 20 and 21 under 35 U.S.C. § 101 for lack of utility.
With respect to the utility rejection, claims 1, 12-14, 20 and 21 stand or fall together (reply
brief, page 2). We, therefore, direct our attention to the broadest claim, claim 1, which is generic to
both in vitro and in vivo methods.
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