And Appeal No 94-1146 Application 07/746,050 Since methyl is a next higher homologue of ethyl, the claimed compounds are obvious variants of the compound claimed in the copending application. The examiner’s finding is clearly erroneous. The difference between the claimed compounds and the compound of the copending application lies not only at the 5, 9, or 13 position of macrolactam aglycone ring of the claimed antibiotics but also in the difference between the 3-amino- 3,6-dideoxymannopyranose isomer which is attached to C-6 of the macrolactam aglycone ring of the compound claimed in this application and the 3-amino- 3,6-dideoxytalopyranose isomer which is attached to C-6 of the macrolactam aglycone ring of the compound claimed in the copending application. In addition to the previously stated reasons for reversing the examiner’s rejection of Claims 1-12 under 35 U.S.C. § 103 in view of the teaching of Japan 59- 18035, the examiner also has not established that a disclosure of one isomer would have enabled persons skilled in the art to make and use the other. 4. Conclusions We reverse all the examiner’s rejections. REVERSED - 9 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007