Appeal No. 94-3012
Application 07/851,853
Kessar, Messmer, Hanaoka, Zee-Cheng (I), Zee-Cheng (II), Ishii
(I), or Ishii (II).2
Having considered the entire record which includes, inter
alia, the specification, the appellants’ main Brief (Paper No.
13), Reply Brief (Paper No. 15), and Supplemental Reply Brief
(Paper No. 20), the examiner’s Answer (Paper No. 14) and
Supplemental Answer (Paper No. 19) as well as the declaration of
Mr. Suzuki (Paper No. 9), we find ourselves in substantial
agreement with the appellants’ position. Accordingly, we reverse
the rejection.
The present invention is directed to
benzo[c]phenanthridinium derivatives which are said to be useful
for the prevention and treatment of malignant tumors in warm-
blooded animals. Specification, p. 1, para. 1.
According to the examiner the “references, when taken as a
whole, individually or together describe and make obvious a
number of compounds which have the benzo[c]phenanthridinium core,
and may have OH, OCH substituents on the benzo ring, lower alkyl
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2On p. 3 of the Answer, the examiner included the Messmer
reference in the listing of the prior art of record relied upon
in the rejection, however, she inadvertently omitted the Messmer
reference from the rejection on p. 4. The appellants have
treated the reference as if it were in the rejection and, for
purposes of this appeal, we have done the same.
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