Appeal No. 2000-0591
Application No. 08/311,291
Black et al. (Black), “Biologic Properties of Human Herpesvirus 7 Strain SB,” Virus
Research, Vol. 52, pp. 25-41 (1997)
Neyts et al. (Neyts 1997), “Antiviral Drug Susceptibility of Human Herpesvirus 8,”
Antimicrobial Agents and Chemotherapy, Vol. 41, No. 12, pp. 2754-2756 (1997)
Neyts et al. (Neyts 1998), “In Vitro and In Vivo Inhibition of Murine Gamma Herpesvirus
68 Replication by Selected Antiviral Agents,” Antimicrobial Agents and Chemotherapy,
Vol. 42, No. 1, pp. 170-172 (1998)
THE REJECTIONS
Claims 27, 28, 43, 46, 51, 57-60, 99-103 and 109-120 stand rejected under the
first paragraph of 35 U.S.C. § 112 as being non-enabled. As evidence of lack of
enablement, the examiner relies on Boyd, Bacon, Reymen, Andersson, savage, Nadler,
Black, Neyts 1997 and Neyts 1998. Claims 27, 28, 43, 51, 57- 60, 99-103 and 109-120
stand rejected under 35 U.S.C. § 103; the examiner relies on Hannah as evidence of
obviousness.
We reverse both rejections.
DELIBERATIONS
Our deliberations in this matter have included evaluation and review of the
following materials: (1) the instant specification, including all of the claims on appeal, as
well as those claims held allowable by the examiner; (2) appellants’ main Brief (Paper
No. 53) and the Reply Brief (Paper No. 55); (3) the examiner’s Answer (Paper No. 54);
(4) the above-cited references relied on by the examiner; and (5) the Esser and Sutton
declarations, filed under the provisions of 37 C.F.R. § 1.132, each executed July 16,
1998.
BACKGROUND
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