Ex parte LA GRECA - Page 10




          Appeal No. 1997-1987                                                        
          Application No. 08/108,005                                                  


          suggests that treatment with methyl-group donors such as                    
          betaine and methionine could be useful in HIV infection if the              
          role of defective methyl-group metabolism is confirmed,                     
          nevertheless, Surtees does not disclose or suggest                          
          treating children with HIV-encephalitis by administering                    


          S-adenosylmethionine salt or 5-methyl-tetrahydrofolic acid, as              
          recited in claim 22.  Accordingly, Surtees does not make up                 
          the deficiencies of Le Grazie, and we reverse the examiner’s                
          decision rejecting claims 13 through 18 and 22 through 26                   
          under 35 U.S.C. § 103 as unpatentable over the combined                     
          disclosures of Le Grazie and Surtees.                                       
          VII.  Conclusion                                                            
               In conclusion, for the reasons set forth in the body of                
          this opinion, we reverse the examiner’s decision rejecting                  
          claims 13 through 18 and 22 through 26.                                     
                                   REVERSED                                           




                         SHERMAN D. WINTERS            )                              
                         Administrative Patent Judge   )                              
                                                       )                              
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