Appeal No. 94-3351
Application 07/919,679
responsive to 5-HT antagonist include emesis due to either
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cancer chemotherapy or post-operative, anxiety, cognitive
disorders, drug abuse (either cravings or withdrawal syndrome),
irritable bowel syndrome (diarrhea predominant) and the like.
In rejecting the appealed claims over the cited prior art
references, the examiner indicates in the Answer at page 8 that
Clearly, the cited prior art compounds and
the instant compounds are vastly structurally
similar or identical.
As an initial matter, we have independently reviewed each of
the relied upon prior art references. However, we have been
unable to discover any compounds described in these prior art
references which are ?identical? to the claimed compounds.
Accordingly, this application is remanded to the examiner to
point out where in the relied upon references such identical
compounds are disclosed. Further, if identical compounds are
disclosed in the prior art, the examiner should reject the
relevant claims as anticipated (35 USC § 102) by the prior art.
We agree with the examiner that there is a adequate factual
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Last modified: November 3, 2007