Appeal No. 1999-1236
Application 07/571,782
Claim 1 is illustrative of the subject matter on appeal and reads as follows:
1. A method for the treatment of a viral hepatitis patient having hepatic
decompensation which comprises:
administering by injection subcutaneously an effective dosage of a thymosin
selected from the group consisting of thymosin alpha and a bovine calf extract containing
1
thymosin alpha in an effective amount so as to render said patient seronegative for the
1
hepatitis viral DNA.
The references relied upon by the examiner are:
Eichberg et al. (Eichberg), “Effect of Thymosin Immunostimulation With and Without
Corticosteriod Immunosuppression of Chimpanzee Hepatitis B Carriers,” Journal of
Medical Virology, Vol. 21, No. 1 (1987), pp. 25-37.
Mutchnick et al. (Mutchnick), “Thymosin Treatment of Chronic Active Hepatitis B (CAHB):
A Preliminary Report on a Controlled Double Blind Study,” Hepatology, Vol. 8, No. 5,
(Sept/Oct 1988), p. 1270 (Abstract).
Additional references of record discussed by this merits panel are:
Waked et al. (Waked), “Experience With Interferon in Chronic Hepatitis B in Egypt,”
Journal of Chemotherapy, Vol. 2, No. 5, (1990), pp. 310-18.
Nevens et al. (Nevens), “Treatment of Decompensated Viral Hepatitis B-Induced Cirrhosis
With Low Doses of Interferon Alpha,” Liver, Vol. 13, (1993), pp. 15-19.
Dimopoulou et al. (Dimopoulou), “Interferon Alfa-2b for Decompensated Liver Disease
Caused by Either Chronic Hepatitis B or C: Preliminary Results of a Pilot Study,” Gut, Vol.
34 (Supplement), (1993), pp. S104-S105.
Claims 1, 3 through 5 and 9 through 18 stand rejected under 35 U.S.C. § 112, first
paragraph (written description). Claims 1, 3 through 5 and 9 through 18 stand
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