Appeal No. 2005-0902 Page 3
Application No. 09/529,053
Background
Leflunomide (HWA-486) is a known product, as is its metabolite A771726. See
the specification, page 1. “Leflunomide originated from a series of compounds that
were designed as agricultural herbicides. . . . It was later found to have anti-
inflammatory and immunosuppressive activity, and it has been evaluated in animal
models of autoimmune disease and transplant rejection. . . . No anti-viral activity has
previously been reported for leflunomide or its metabolite.” Id., pages 1-2.
The specification discloses that “[l]eflunomide has been discovered to inhibit viral
growth in a manner different from other conventional anti-viral agents, which typically
act by inhibiting viral DNA replication in the early stages of infection. In contrast,
leflunomide appears to act by inhibiting virion assembly.” Page 13.
Discussion
The claims subject to each rejection stand or fall together, because Appellants
have not stated otherwise. See the Appeal Brief, page 3. We will focus on claim 16 as
representative of the claims rejected over Coghlan and McChesney and claim 22 as
representative of the claims rejected over Weithmann and Hammer.
1. Claim construction
Claim 16 is directed to a “method for inhibiting viral replication in cells susceptible
to viral infection” by contacting the cells with a “leflunomide product” in an amount
“effective to inhibit viral virion assembly.” Claim 22 is directed to the same method,
“further comprising contacting the cells with another anti-viral agent.”
The specification defines “leflunomide product” to mean “leflunomide . . . (HWA-
486), or its active metabolite . . . (A771726), or related derivatives . . . or metabolites
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