Appeal No. 95-2603
Application 07/915,871
fails to point out where the reference discloses the bis
compounds of the claimed compositions. Kimura is directed to
the study of macrocyclic complexes and their effects on
superoxide dismutase activities. Thus there is no suggestion
to combine this reference with Lehn and, even if properly
combined, these references would not suggest the composition
of the appealed claims. See In re Bond, 910 F.2d 831, 834, 15
USPQ2d 1566, 1568 (Fed. Cir. 1990).
Ciampolini, as characterized by the examiner, teaches the
11, 11'-positional isomer of one of the active ingredients in
claim 23, along with its combination with various carriers
(answer, page 8). The examiner concludes that “it is well
settled patent law that positional isomers would have been
6 7
obvious to the skilled artisan” , citing In re Wilder.
Appellants argue that the examiner has misidentified the
disclosed bicyclic compound of Ciampolini but, regardless,
6 The examiner incorrectly includes the active ingredients of dependent claims 7
and 8 as positional isomers of the compounds disclosed by Ciampolini (answer, page 8).
The compounds recited in dependent claims 7 and 8 are bicyclam isomers which contain no
bridging group, i.e., no 1,2-ethanediyl group.
7 563 F.2d 457, 195 USPQ 426 (CCPA 1977).
9
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