Appeal No. 95-2603
Application 07/915,871
measured for each nickel and copper complex (page 3529, col.
1, table 1). The complexes were made according to the
following process (page 3529, col. 1, third full paragraph):
*** [C]omplexes were obtained *** by mixing
ethanolic solutions of the ligand and of the metal
perchlorate (1:2 molar ratio) and allowing to reflux
for 30 min. The complexes, recrystallized from
methanol, gave satisfactory C, H, N elemental
analysis.
The "ligand" is any one of Compounds 2, 3, 4, 5 and 6.
An ethanolic solution of the ligand is a solution of the
ligand in ethanol. Ethanol is a known pharmaceutical
carrier. The utility recited in the preamble of appellant's8
claim, i.e., activity "against HIV-infected cells in in vitro
tests," means that purity for appellants' pharmaceutical
composition is not as much a concern as it might be in a
pharmaceutical administered to a human. Hence, Ciampolini's
description of a mixture of the ligand which is Compound 2 and
ethanol is a description of a species within the scope of
8 See, for example, Smiles et al., U.S. Patent No. 4,959,210, column 2, lines
44-46 (copy attached to this decision).
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