Appeal No. 1997-1987
Application No. 08/108,005
B. Rejection of claims 13 through 18 and 22 through 26
under 35 U.S.C. § 103 as unpatentable over the combined
teachings of Le Grazie and Surtees.
1. To establish prima facie obviousness of the claimed
subject matter, all the claim limitations must be taught or
suggested by the prior art. See In re Royka, 490 F.2d 981,
985, 180 USPQ 580, 583 (CCPA 1974).
2. For the reasons previously set forth, Le Grazie fails
to disclose treating a patient afflicted with subacute
encephalitis associated with dementia or vacuolar
myelopathies. Surtees discloses that levels of S-
adenosylmethionine and 5-methyl-tetrahydrofolate in the
cerebrospinal fluid (CSF) of children afflicted with subacute
HIV encephalitis and neurological complications are lower than
those determined in a reference population of children. Low
levels of S-adenosylmethionine and 5-methyl-tetrahydrofolate
demonstrate defective methyl-group metabolism, which Surtees
suggests may be related to the neurological damage in HIV
infection. Surtees, page 619, paragraph bridging cols. 1 and
2; page 621, first full paragraph; Fig. 1. Though Surtees
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