Appeal No. 2002-1728 Page 2
Application No. 09/339,239
which total the daily effective dose.
Claim 18, which is illustrative of the subject matter on appeal, reads as follows:
18. A method for the persistent negation of HBV-DNA or for inducing the
seroconversion of HBe antigen to HBe antibody or for treating hepatitis B comprising
administering a daily effective dose of interferon $ (IFN-$) in a plurality of individual
doses which total said daily effective dose.
The Prior Art References
In rejecting the appealed claims under 35 U.S.C. § 103(a), the examiner relies
on the following prior art references:
Eisenberg et al. (Eisenberg), "Preliminary Trial of Recombinant Fibroblast Interferon in
Chronic Hepatitis B Virus Infection," Antimicrobial Agents and Chemotherapy, Vol. 29,
No. 1, pp. 122-126 (1986)
Chiang et al. (Chiang), "Pharmacokinetics and Antiviral Activity of Recombinant Human
Interferon-$ser17 in African Green Monkeys," Journal of Interferon Research, Vol. 13,
pp. 111-120 (1993)
Krogsgaard et al. (Krogsgaard), "Relation Between Treatment Efficacy and Cumulative
Dose of Alpha Interferon in Chronic Hepatitis B," Journal of Hepatology, Vol. 25,
pp. 795-802 (1996)
Park et al. (Park), "Effects of Low Dose, Short Term Recombinant "-Interferon Therapy
in Patients with Chronic Hepatitis B," Gastroenterology, Vol. 110, No. 4, p. A1290
(1996)
The Rejection
Claims 18 through 23 and 25 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Krogsgaard, Park, or Eisenberg, either of those "primary" references
considered in view of Chiang.
Deliberations
Our deliberations in this matter have included evaluation and review of the
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