Appeal No. 1997-1817
Application No. 08/139,693
The references relied on by the examiner are:
MICROBIOLOGY, INCLUDING IMMUNOLOGY AND MOLECULAR GENETICS,
pp. 468 and 1212 (Davis et al., ed., 2d ed., Harper & Row, Publishers, 1979)
(Microbiology).
Matsuyama et al. (Matsuyama), "Cytocidal Effect of Tumor Necrosis Factor on Cells
Chronically Infected with Human Immunodeficiency Virus (HIV): Enhancement of HIV
Replication," Journal of Virology, Vol. 63, No. 6, pp. 2504-09 (June 1989).
D.R. Forsdyke, "Programmed Activation of T-Lymphocytes. A Theoretical Basis for
Short Term Treatment of AIDS with Azidothymidine," Medical Hypotheses, Vol. 34,
pp. 24-27 (1991).
ISSUES
1. Claims 1-16 stand rejected under 35 U.S.C. § 112, first paragraph, as based
on a non-enabling specification.
2. Claims 1-11 and 16 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Forsdyke in view of Matsuyama and appellants' "admission."
3. Claims 12-15 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Forsdyke in view of Matsuyama and appellants' "admission" as applied to claims
1-11 and 16 above, and further in view of Microbiology.
In reaching our decision in this appeal we have given careful consideration to the
appellants' specification and claims and to the respective positions articulated by the
appellants and the examiner. We make reference to the examiner's answer (Paper No.
16, mailed May 20, 1996) for the examiner's reasoning in support of the rejections and
to the appellants' brief (Paper No. 15, entered February 26, 1996) and to appellants'
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