Appeal No. 2000-0591
Application No. 08/311,291
This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s final
rejection of claims 27, 28, 43, 46, 51, 57 through 60, 99 through 103 and 109 through
120. Claims 22, 23, 29 through 31, 33, 35, 39 through 41, 47 through 49, 81 through
86 and 104 through 108, also pending in the application, have been allowed by the
examiner. We refer to Appendix A of appellants’ Brief (paper no. 53) for the claims on
appeal; and to Appendix B for the allowed claims.3
REFERENCES
The examiner relies on the following references:
Hannah et al. (Hannah) 4,845,084 July 4, 1989
Boyd et al. (Boyd), “Penciclovir: A Review of its Spectrum of Activity, Selectivity, and
Cross-Resistance Pattern,” Antiviral Chemistry & Chemotherapy, Vol. 4, Suppl. 1,
pp. 3-11 (1993)
Bacon et al. (Bacon), “Activity of Penciclovir against Epstein-Barr Virus,” Antimicrobial
Agents and Chemotherapy, Vol. 39, No. 7, pp. 1599-1602 (1995)
Reymen et al. (Reymen), “Antiviral Activity of Selected Acyclic Nucleoside Analogues
against Human Herpesvirus 6,” Antiviral Research, Vol. 28, pp. 343-357 (1995)
Andersson, “Clinical and Immunological Considerations in Epstein-Barr Virus-
Associated Diseases,” Scand. J. Infect. Dis., Suppl. 100, pp. 72-82 (1996)
Savage et al. (Savage), “Post-Transplantation Lymphoproliferative Disease,” Q. J.
Med., Vol. 90, pp. 497-503 (1997)
Nadler et al. (Nadler), “Herpesvirus Disease: An Update,” Comprehensive Therapy, Vol.
23, No. 2, pp. 104-107 (1997)
3 Appendix C presents the claims as they would have appeared had the After
Final amendment of July 16, 1998 been entered. Appellants’ Brief presents arguments
relating to the examiner’s decision to refuse entry of the amendment (pages 28 and 29).
As explained by the examiner, “[t]his issue relates to petitionable subject matter under
37 CFR 1.181 and not to appealable subject matter. See MPEP §§ 1002 and 1201.”
Answer, page 2.
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