Ex parte BAKER et al. - Page 3




          Appeal No. 94-3007                                                          
          Application 07/809,039                                                      
          fragment in the otherwise identical cyclic peptide ring, and                
          (2) an aminoacyl or N-alkanoylaminoacyl cyclic peptide ring                 
          substituent which is characteristic of Debono’s derivatives.                
          However, the examiner does not cite Debono for its description              
          of the A-21978C cyclic peptide derivatives Debono describes                 
          and claims which carry a aminoacyl or N-alkanoyl-aminoacyl                  
          ring substituent, but for its description of the A-21978C                   
          cyclic peptides from which Debono’s    A-21978C derivatives                 
          were derived.  The old A-21978C cyclic peptides appear to                   
          differ from the cyclic peptide compounds                                    
          of appellants’ Claim 31 by a single amino acid fragment in                  
          their cyclic peptide rings.  The new A-21978C cyclic peptide                
          derivatives of Claim 31 include the following fragment in                   
          their                                                                       
          cyclic peptide rings:                                                       

          \                                                                           
                                            C=O                                      
          /                                                                           
          HN                                                                          
          \                                                                           
          CH                                                                          
          / \                                                                         
          O=C   CH2                                                                   
          /     \                                                                     
          HO       C=O                                                                
          /                                                                           
          - NH  CH - NH                                                               
                                       2                                              
                                        - 3 -                                         





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