Appeal No. 2005-1797 Page 11
Application No. 09/954,975
infection of T-lymphocytes by HIV leads to the development of AIDS….” Answer,
page 10. In addition, the examiner directs attention (Answer, page 10) to column
3 of Collery, which discloses (column 3, lines 18-61) that their “gallium (III)
complexes were screened for anti-HIV-1 activity at the National Cancer Institute,
… as part of their in vitro Anti-AIDS drug Discovery Program.” Accordingly, the
examiner finds that “since the prior art discloses that gallium compositions inhibit
HIV, one of ordinary skill in the art would expect that administration of gallium
compositions would inhibit the development of AIDS.” Answer, page 10. Absent
evidence to the contrary, and we find none, we agree with the examiner.
Accordingly, we affirm the rejection of claim 32 under 35 U.S.C. § 103 as
unpatentable over the combination of Narasimhan, Collery, and Bernstein.
Murrer and Narasimhan:
Having disposed of all claims on appeal we do not reach the merits of the
rejection of claims 11-13 and 16-40 under 35 U.S.C. § 103 over the combination
of Murrer, and Narasimhan.
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