Appeal No. 96-0965
Application 08/054,548
THE APPEALED CLAIM
The appealed claim reads as follows:
8. A method for inhibiting the replication of the human immunodeficiency
virus which comprises administering to cells containing said virus a first
compound CIS-1-(2-(hydroxymethyl-1,3-oxothiolin-5-yl)-6-fluorocytosine or a
pharmaceutically acceptable salt thereof and a second compound 3'-azido-
3'-deoxythymidine, the first and second compounds being present in an
amount to provide a synergistic combination.
PROCEDURE
The examiner's presentation of this appeal represents somewhat of a procedural
quagmire. In the first place, page 2 of the Examiner's Answer is missing from the record.
Secondly, page 3 of the Answer is internally inconsistent. In section (7), the examiner
expressly states that no prior art references are relied on in rejecting the claim under
appeal. Nevertheless, in section (8), the examiner states that "[t]he following references
are provided in support of the Examiner's position regarding the rejection under 35 U.S.C.
§ 112, first paragraph." The examiner cites these references: Hitchcock, "In Vitro Antiviral
Activity of Didanosine Compared with That of Other Dideoxynucleoside Analogs Against
Laboratory Strains and Clinical Isolates of Human Immunodeficiency Virus", Clinical
Infectious Diseases, vol. 16(Suppl. 1) pgs. S16-S21, published 1993 by the University of
Chicago; Gallicchio et al. ( Gallicchio), "Increased
2
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