Appeal No. 94-3007
Application 07/809,039
rings:
\
C=O
/
HN
\
CH
/ \
O=C CH2
/ /
- NH CH - N - C=O
2
\ /
C=O .
Other than the examiner’s finding that the compounds of
Claims 30 and 31 are structurally similar to the old A-21978C
cyclic peptides from which Debono derived the A-21978C cyclic
peptide derivatives he describes as antibacterial agents or
intermediates to antibacterial agents, the examiner has
pointed to no teaching in Debono to make and use the new A-
21978C
cyclic peptide derivatives appellants now claim for any reason
whatsoever. Nevertheless, the examiner states (Examiner’s
Answer, the sentence bridging pages 3-4 and the last complete
sentence of page 7), “[A]t col. 17, lines 39-45, Debono
discloses or suggests that certain amino acids used in the
synthesis of the prior art products may exist in its isomeric
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