Ex Parte Stapleton et al - Page 2


                 Appeal No.  2005-1797                                                         Page 2                  
                 Application No.  09/954,975                                                                           
                            subject an amount of a gallium composition effective to inhibit HIV                        
                            replication.                                                                               
                        32. A method of reducing virus burden in 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.                                                                               
                        35. A method of inhibiting development of acquired immunodeficiency                            
                            syndrome in 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.                                  

                        The references relied upon by the examiner are:                                                
                 Murrer et al. (Murrer)   5,093,134  Mar.  3, 1992                                                     
                 Collery et al. (Collery)   5,525,598  Jun. 11, 1996                                                   
                 Bernstein      5,883,088  Mar. 16, 1999                                                               
                 Narsimhan, “The effect of copper and gallium compounds on ribonucleotide                              
                 reductase,” Abstract and p. 99 (UMI Dissertation Services) (1993).                                    

                                            GROUNDS OF REJECTION                                                       
                        Claims 11-13 and 16-40 stand rejected under 35 U.S.C. § 103.  As                               
                 evidence of obviousness the examiner relies on the combination of Murrer,                             
                 Narasimhan, and appellants’ acknowledged prior art.                                                   
                        Claims 11-40 stand rejected under 35 U.S.C. § 103.  As evidence of                             
                 obviousness the examiner relies on the combination of Narasimhan, Collery,                            
                 Bernstein, and appellants’ acknowledged prior art.                                                    
                        We affirm the rejection of claims 11-40 under 35 U.S.C. § 103 over the                         
                 combination of Narasimhan, Collery, Bernstein and appellants’ acknowledged                            
                 prior art.  Having disposed of all claims on appeal, we do not reach the merits of                    








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