Appeal No. 1999-2523 Page 2
Application No. 08/475,791
glutathione isopropyl ester, oxazolidone, and combinations
thereof;
(ii) an amount of one or more additional antioxidants at a dose
higher than the recommended daily minimum requirement;
and
(iii) an NFKB induction inhibitor in an amount effective to inhibit
nuclear factor kappa B, said NFKB induction inhibitor being
selected from the group consisting of anti-inflammatory
steroids and nonglucocorticoid lazaroids.
The references relied upon by the examiner are:
Malfroy-Camine et al. (Malfroy-Camine) 5,403,834 Apr. 4, 1995
Muller 5,463,063 Oct. 31, 1995
GROUND OF REJECTION
Claims 57-62 and 64-67 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Malfroy-Camine alone or in combination with Muller.
We reverse.
DISCUSSION
According to the specification (page 7), “NFKB is a gene transcription
factor that switches on the production of the HIV virus of a virally infected cell.”
Appellant discloses (Specification, pages 7-8), that the oxidant peroxynitrite,
produced from lipopolysaccharide or interferon activated hybridoma
macrophages, activates NFKB and causes the HIV virus and other latent viruses
in an infected cell to replicate. Appellant suggests (Specification, page 8), “the
inhibition of the oxidation mechanism could stop the replication of the virus.” In
addition, appellant discloses (id.), “[r]educed glutathione reacts with peroxynitrite
to reduce it to NO2+.” Accordingly, appellant discloses (page 5), “[t]he present
invention provides methods and pharmaceutical compositions for repressing
reproduction of latent viruses, such as HIV, in humans and animals, by generally
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