Appeal No. 1996-1959
Application No. 07/946,546
along with the process for preparing these ketoaldonic acid compounds
because to modify the conventional ketoaldonic acid compounds shown by
Schreiner et al and Schrell et al through dehydrogenation in order to obtain
the desired compounds claimed was suggested earlier since Schreiner et al
teach that comparison of the rate of hydrogenation in ketoaldonic isomers
was previously known in this art and the Schrell et al teaching implies that the
dehydrogenated form of the ketoaldonic compounds were also known in this
art.
Answer, pages 4-6.
The Examiner does not explain, however, why the method steps of the references
are considered “comparable” to the methods of the present claims. It appears that
this rejection stems from the Examiner’s unwavering (and incorrect) position that the
compound illustrated by Schreiner and Schrell (designated
5e and 3, respectively) is merely an acid form of the compound of Formula VIII
(Claim 6). That position is incorrect, for the reasons already discussed. Further, the
Examiner does not explain how the combined teachings of the references would
have led the ordinary artisan to the specific compounds of claims 3-6 and 16, but
simply opines that Schrell teaches compounds that are “analogous” to those of the
present claims (Answer, first complete sentence, page 5 and the sentence bridging
pages 4 and 5 of the Supplemental Answer).
With respect to method claims 10-14, the Examiner does not point to any
portion or portions of the cited references disclosing or suggesting the limitations of
those claims. Neither Schreiner nor Schrell teaches enzymatic (biochemical)
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