Interference No. 103,906
the scope of enablement provided by the Dionne disclosure is not
commensurate with the broad scope of Dionne’s claims.
Here, Liotta has introduced credible evidence that:
1. there are numerous pathogenic human and animal viruses.
To wit, Fields Virology lists eighty-eight of the more common
human viruses (LX-9, pp. 26-7) and ninety-eight of the more
common animal viruses (LX-9, pp. 28-9).
2. at the request of Liotta, the U.S. National Institutes of
Health (NIH) tested (-)FTC, (+)FTC, and the racemic mixture of
both enantiomers against a total of eleven distinct viruses (LX-
11). In each case, an EC50 value5 was attained at a dosage of
greater than 100 micromolar. According to Dr. Schinazi (LR 4-5)
and Dr. Sommadossi (LR-198), these results confirm that the
compounds in question do not exhibit broad spectrum antiviral
activity in humans, much less in all mammals. Indeed, Schinazi
and Sommadossi testified that if a compound exhibits an EC50
value at the 100 micromolar level or above, it’s presumed to have
no merit as an antiviral agent (LR 75, 109, 279). In other
words, according to both Schinazi and Sommadossi the dosages used
by NIH are appropriate in screening for antiviral activity.
5According to Dr. Schinazi, “EC50” reflects the amount of
virus reduced by 50 percent (LR 75-76).
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