Appeal 2007-1621
Application 10/721,839
Lehrer discloses that “[r]etrocyclin was uniformly protective against
both strains of HIV-1 in all of the experiments,” and that certain variants
“showed considerable ability to protect cells from infection by the JR-CSF
strain” (Lehrer 23). Given Lehrer’s explicit disclosure that retrocyclin and
certain variants protected cells from HIV infection, we agree with the
Examiner that one of ordinary skill would have had a reasonable expectation
that selecting from among Lehrer’s list of 46 suitable variants would have
produced a retrocyclin capable of reducing the infectivity of an enveloped
virus, as recited in claim 1.
To summarize, we agree with the Examiner that one of ordinary skill
following Lehrer’s teachings would have considered it obvious to use the
claimed peptides to reduce the infectivity of an enveloped virus. We
therefore affirm the Examiner’s obviousness rejection of claim 1 over
Lehrer. Because they were not argued separately, claims 9, 18-24, 27, 28,
34-38, and 40 fall with claim 1. 37 C.F.R. § 41.37(c)(1)(vii).
AFFIRMED
lbg
STEVEN L. HIGHLANDER, ESQ.
FULBRIGHT & JAWORSKI L.L.P.
SUITE 2400
600 CONGRESS AVENUE
AUSTIN, TX 78701
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