Ex parte MARKOVAC et al. - Page 5




          Appeal No. 95-4439                                                          
          Application No. 08/063,652                                                  


          mercapto at the 2-position (Kim, English translation, pages 3               
          and 4).                                                                     




                                               (II)                                  



          The examiner next refers to Kim's trimethylsilylation                       
          reaction, where the above-described purine compounds are                    
          reacted with hexamethyl disilazane (HMDS) to attach a                       
          trimethylsilyl group at the 9-position (Kim, English                        
          translation, page 7).  As pointed out by the examiner, Kim's                
          trimethylsilyl products differ from the compound of claim 18                
          because the trimethylsilyl products have hydrogen, amino, or                
          mercapto at the 2-position of the ring system, whereas as the               
          claimed compound has fluorine at the                                        
          2-position.  The examiner argues that a person having ordinary              
          skill in the art, armed with the disclosures of Eaton and                   
          Blumbergs, would have found it obvious to modify the                        
          trimethylsilyl products of Kim by replacing hydrogen, amino,                
          or mercapto at the 2-position with fluorine.  Therefore, the                


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