Ex Parte Maury et al - Page 2

                Appeal 2007-1621                                                                             
                Application 10/721,839                                                                       

                evolutionarily ancient system of immune protection with little relevance                     
                beyond minimal primary protection, recent developments have found that                       
                mammalian cells express these peptide antibiotics during inflammatory                        
                events such as wound repair, contact dermatitis and psoriasis” (Specification                
                2, citations omitted).                                                                       
                      Thus, antimicrobial peptides “are apparently a primary component of                    
                innate host protection against microbial pathogenesis” (id. at 2).  In the prior             
                art, for example, “[a] series of synthetically derived theta defensins from                  
                rhesus macaques (RTD 1-3) have been shown to exhibit bactericidal                            
                activity” (id. at 9).                                                                        
                      The Specification discloses that when theta defensin peptides were                     
                tested for antiviral activity, both the oxidized (linear) and oxidized circular              
                forms of the peptides “effectively inhibited HIV replication in HeLa cells”                  
                (id. at 10).  The Specification discloses methods for inhibiting viral growth                
                and proliferation by administering any of a number of antiviral peptides                     
                ranging from 13 to 35 amino acids in length, including chimeric                              
                human/rhesus monkey theta defensins having SEQ ID NOS: 31 and 32 (id.                        
                at 3).                                                                                       
                                               DISCUSSION                                                    
                1.  CLAIMS                                                                                   
                      Claims 1, 9, 18-24, 27, 28, 34-38, and 40 are on appeal.  Claims                       
                10-15, 25, 26, and 29-33 are also pending but have been withdrawn from                       
                consideration by the Examiner.                                                               




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