Appeal No. 95-2603
Application 07/915,871
appellants' pharmaceutical composition comprising 11,11'-(1,2-
ethanediyl)bis-1,4,8,11-tetraazacyclotetradecane and the
pharmaceutically acceptable carrier.
We also note that appellants contemplate the use of their
compounds in the form of a metal complex, including a nickel
complex (specification, page 5, lines 1-2). To the extent
claim 23 calls for a compound "comprising" 11,11'-(1,2-
ethanediyl)bis-1,4,8,11-tetraazacyclotetradecane, the claim
also covers nickel complexes of 11,11'-(1,2-ethanediyl)bis-
1,4,8,11-tetraazacyclotetradecane. Ciampolini also describes
a mixture of a nickel(II) complex of 11,11'-(1,2-
ethanediyl)bis-1,4,8,11-tetraazacyclotetradecane in ethanol
prior to recrystallization with methanol.
We find and conclude that claim 23 lacks novelty over
Ciampolini.
Claims 8 and 23 are rejected under § 102(b) as
anticipated by Fabbrizzi. This reference, as disclosed on
page 3 of the specification, is directed to 6,6'-bicyclam (see
compound 2 on page 2671). Fabbrizzi discloses an aqueous
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