Appeal No. 1996-1959
Application No. 07/946,546
acceptor substrate. This is in contrast to previously known aldol condensation
reactions using NeuAc aldolase where:
the attack is on the si face of the acceptor substrate and the resulting
condensation product has a formed stereogenic center of S configuration.
See e.g., Auge et al., New J. Chem., 12:733 (1988); Auge et al.,
Tetrahedron, 46:201 (1990); and Kim et al., J. Am. Chem. Soc., 110:6481
(1988).
Id., page 8, lines 21-27.
DISCUSSION
Anticipation
The rejections of claim 6 under 35 U.S.C. §102(b) will be addressed
together, because Schreiner’s compound 5e and Schrell’s compound 3 are
identical.
The Examiner argues that compound 5e in Scheme 3 of Schreiner (page
583) and compound 3 disclosed by Schrell (page 1111) illustrate the acid form of
the compound designated Formula VIII of the present claim (Examiner’s Answer,
page 6, bottom, to the top of page 7). The Examiner points to Schreiner, page 583,
column 1, lines 28-30 and argues that the dehydrogenated form of formula 5e was
known in the art. According to the Examiner, the scheme depicted on page 1111 in
Schrell also indicates that “[d]ehydrogenation of ketoaldonic acid compounds was
previously known in this art,” Id., page 7, first full paragraph. In the Supplemental
5
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