Appeal No. 2005-1797 Page 3
Application No. 09/954,975
the rejection of claims 11-13 and 16-40 under 35 U.S.C. § 103 over the
combination of Murrer, and Narasimhan.
CLAIM GROUPING
According to appellants (Supplemental Brief, page 12), “claims 31, 32 and
35 stand separately patentable over the cited references.” Accordingly, claims
12-30, 33, 34 and 36-40 stand or fall together with claim 11. Claims 31, 32 and
35 stand or fall alone.
DISCUSSION
According to the examiner (Answer, page 4), the basis for the rejections is
“set forth in prior Office Action, Paper No. 4/23/2003.” According to the record,
the Office Action dated April 23, 2003 is the Final Rejection.
Narasimhan, Collery and Bernstein:
Claim 11:
Claim 11 is drawn to a method of treating a human infected with HIV. The
claimed method comprises a single step – administering an amount of a gallium
composition effective to inhibit HIV replication. Appellants’ specification (page 4),
recognizes gallium nitrate and a gallium-hydroxypyrone complex as examples of
a gallium composition.
According to the examiner (Final Rejection, page 4), Narashimhan “teach
that gallium, for example gallium nitrate … inhibit[s] ribonucleotide reductase….”
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