Ex Parte Stapleton et al - Page 1


                           The opinion in support of the decision being entered today was not written                  
                                   for publication and is not binding precedent of the Board.                          

                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                     __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                            AND INTERFERENCES                                                          
                                                     __________                                                        
                              Ex parte JACK STAPLETON, BRADLEY BRITIGAN, and                                           
                                              LARRY SCHLESINGER                                                        
                                                     __________                                                        
                                             Appeal No.  2005-1797                                                     
                                             Application No.  09/954,975                                               
                                                     __________                                                        
                                                     ON BRIEF1                                                         
                                                     __________                                                        
                 Before ELLIS, ADAMS and GREEN, Administrative Patent Judges.                                          
                 ADAMS, Administrative Patent Judge.                                                                   


                                              DECISION ON APPEAL                                                       
                        This is a decision on the appeal under 35 U.S.C. § 134 from the                                
                 examiner’s final rejection of claims 11-40, which are all the claims pending in the                   
                 application.                                                                                          
                        Claims 11, 31, 32 and 35 are illustrative of the subject matter on appeal                      
                 and are reproduced below:                                                                             
                        11. A method of treating a human subject infected with human                                   
                            immunodeficiency virus (HIV) comprising administering to said subject                      
                            an amount of a gallium composition effective to inhibit HIV replication.                   
                        31. A method of reducing virus shed from a human subject infected with                         
                            human immunodeficiency virus (HIV) comprising administering to said                        
                                                                                                                       
                 1 Appellants waived their request for oral hearing.  See Paper received September 12, 2005.           
                 Accordingly, we considered this appeal on Supplemental Brief.                                         





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