Appeal No. 2001-0759
Application 08/809,186
Claims 14, 15, 17, 21, 24, and 33-36 stand rejected under 35 U.S.C. § 112, first
paragraph for lack of enablement as to how to make and use the invention within the
scope of the claims. We reverse this rejection.
DISCUSSION
In reaching our decision in this appeal, we have given consideration to the
appellants’ specification and claims, to the applied prior art references, 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 rejection, we make reference to the examiner's
Answer for the examiner's reasoning in support of the rejection, and to the appellants’
Brief and Reply Brief for the appellants’ arguments thereagainst. As a consequence of
our review, we make the determinations which follow.
Background
According to the specification, the invention relates to compounds which
modulate glucocorticoid receptor complex transactivation activity. Specification, page
1, lines 4-15. It has been discovered that activation of lymphocytes such as T cells, B-
cells and monocytes can be inhibited by vpr, a protein product of HIV-1. Vpr prevents
activation of these cells by immunoglobulin molecules. Specification, page 10.
Activation of these cells by immunoglobulin molecules results in cytokine production/-
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