Appeal No. 2001-1051 Page 5
Application No. 08/185,079
Tidwell III at Col. 11, ll. 43-45 teaches that “[t]he results in Table 5 also
reveal that the inhibitor produced a slight but consistent decrease in the yield of
P-3 virus.” That statement, however, relates to a single compound and a single
virus, and thus does not render the prior express teaching of Tidwell moot. In
addition, the decrease is only slight, thus the above statement, when read with
the statement that the suppressive effect of the compound is virus specific,
would not motivate one of ordinary skill to use the compounds on another,
completely different virus, i.e., a retrovirus.
Vonderfecht does not remedy the deficiencies of the Tidwell references.
Vonderfecht teaches that one compound, BABIM, which falls within the claimed
genus of compounds, is the most potent synthetic, reversible inhibitor of trypsin
yet identified. See Vonderfecht, page 2011, col. 2. The reference also teaches
that BABIM restricts the intestinal replication of the murine of rotavirus when the
compound and the virus were administered simultaneously to suckling mice.
See Vonderfecht, abstract. Finally, as relied upon by the examiner, Vonderfecht
also teaches:
In this instance, it was shown that BABIM delays viral penetration
into cells by its antiprotease action but does not interfere with viral
RNA replication. Protease inhibitors such as the ones described in
this report represent a new class of viral agents that functions at
the level of protein interactions and would not be expected to have
such potential for long-term untoward effects on mammalian
nucleic acids. In addition, many pathogenic viruses, including
myxoviruses, paramyxoviruses, retroviruses, coronaviruses, and
poxviruses, require viral or host proteases for productive infection.
Thus, chemotherapeutic agents which possess protease inhibitory
activity may have a broad range of antiviral activity. The availability
of antiviral agents capable of inhibiting a wide range of pathogenic
viruses without interfering with host nucleic acid replication may
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