Appeal No. 1996-3326
Application No. 08/063,067
to subjects under cytokine therapy for the prophylaxis or
treatment of systemic hypotension caused by pathological
overproduction of nitric oxide from arginine in vascular cells
of the subject (Brief, pages 1-2). The second embodiment
involves administration of known groups of tetrahydrobiopterin
synthesis antagonists to subjects for the prophylaxis or
treatment of systemic hypotension caused by pathological
overproduction of nitric oxide from arginine induced in
vascular cells in said subject by bacterial endotoxins (Brief,
page 2). A copy of illustrative claims 1 and 6 is attached as
an Appendix to this decision.
The examiner has relied upon the following references as 1
evidence of obviousness:
Austel et al. (Austel) 4,670,438 Jun. 2,
1987
Nichol et al. (Nichol) 4,701,455 Oct. 20,
1987
Spada et al. (Spada) 5,002,944 Mar. 26,
1991
1The examiner has listed #1227 and #7834 from the Merck
Index as “prior art of record relied upon in the rejection of
claims under appeal” (Answer, page 2). However, we do not
find this reference applied against any claims in any
rejection in the Answer.
2
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