Ex parte EHRGOTT et al. - Page 2




          Appeal No. 1997-3040                                                        
          Application No. 08/477,729                                                  


               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Kadin                            4,569,942          Feb. 11, 1986           
          Young et al. (Young)             4,962,117          Oct. 09, 1990           
               Appellants' claimed invention is directed to 3-                        
          substituted-2-oxindole derivatives and salts thereof that are               
          defined by the recited formula (I).  The claimed compounds are              
          used to treat inflamatory conditions, to elicit an analgesic                
          response, to treat interleukin-1 mediated disorders and immune              
          disfunction, to inhibit prostaglandin H  synthase, and to                   
                                                 2                                    
          inhibit biosynthesis of interleukin-1 in a mammal.                          
               The present application is related to appellants'                      
          application, U.S. Application No. 08/148,764, filed                         
          November 4, 1993.  An appeal was taken to this Board in the                 
          related case and, in a decision dated April 8, 1998, this                   
          Board reversed the examiner's rejections under 35 U.S.C. § 103              
          over the same prior art references presently applied by the                 
          examiner (Appeal No. 96-2721).                                              
               The appealed claims stand rejected under 35 U.S.C. § 103               
          as being unpatentable over Kadin.  In addition, the appealed                
          claims stand rejected under 35 U.S.C. § 103 as being                        
          unpatentable over Kadin in view of Young.                                   
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