Appeal No. 94-3351
Application 07/919,679
under 35 USC § 102. The examiner should also reevaluate the
prima facie case of obviousness based on structural obviousness
legal theories giving appropriate consideration to the properties
and uses of the claimed compounds and the prior art compounds.
Finally, the examiner should reevaluate the evidence of record
and specifically the evidence in the Flynn declaration as to
whether or not any prima facie case of obviousness has been
adequately rebutted and particularly whether such evidence is
reasonably commensurate in scope with any claim on appeal.
Accordingly, in summary, the examiner’s rejection of certain
appealed claims under 35 USC § 112, first paragraph, is reversed.
With respect to the examiner’s obviousness rejection of the
appealed claims, this application is remanded to the examiner for
further consideration.
REVERSED & REMANDED
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