Ex parte VAZQUEZ et al. - Page 3




               Appeal No. 1998-2010                                                                                                 
               Application No. 08/542,861                                                                                           


               or defined groupings of claims.   For our part, we have considered the claims separately,                            
               including the composition and method claims.    37 CFR §1.192(c)(7) (1996).                                          


               Background                                                                                                           
                       The subject matter of the present claims relates to compounds which act as                                   
               inhibitors of retroviral protease.   Claims 1, 17 and 27.   The claimed invention also                               
               encompasses pharmaceutical compositions (e.g., claim 5); methods of inhibiting retroviral                            
               protease (e.g., claim 7); methods of treating retroviral infection (e.g., claim 9); and                              
               methods of treating AIDS (e.g., claim 11).                                                                           


                                                          DISCUSSION                                                                

                       In reaching our decision in this appeal, we have given consideration to the                                  
               appellants’ specification and claims, to the applied reference, and to the respective                                
               positions articulated by the appellants and the examiner.                                                            
                       Rather than reiterate the conflicting viewpoints advanced by the examiner and the                            
               appellants regarding the noted rejections, we make reference to the examiner's Answer for                            
               the examiner's reasoning in support of the rejection, and to the appellants’ Brief for the                           
               appellants’ arguments thereagainst.  As a consequence of our review, we make the                                     
               determinations which follow.                                                                                         


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