Appeal No. 95-4439
Application No. 08/063,652
The appealed claim reads as follows:
-18-
2-Fluoro-9-trimethylsilyladenine.
The references relied on by the examiner are:
Blumbergs et al. (Blumbergs) 5,110,919 May 5, 1992
Kim et al. (Kim) 2-138184 May 28, 1990
(Japanese Kokai patent application)
Calley N. Eaton et al. (Eaton), "Convenient Synthesis of
2-Fluoroadenine," 34 Journal of Organic Chemistry no. 3, 747-
48 (Mar. 1969)
The issue presented for review is whether the examiner
erred in rejecting claim 18 under 35 U.S.C. § 103 as
unpatentable over the combined disclosures of Kim, Eaton and
Blumbergs.
DISCUSSION
On consideration of the record, including the Examiner's
Answer (Paper No. 16) and appellants' "RESPONSE TO NEW GROUND
OF REJECTION UNDER 37 CFR 1.193(b)" (Paper No. 18), we reverse
the rejection under 35 U.S.C. § 103.
-3-
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