Appeal No. 1998-2107
Application No. 08/137,624
Taken as a whole, we begin our deliberations with something less than a full
and complete briefing by the examiner and appellants.
Claims 1, 30 and 59 are illustrative of the subject matter on appeal and are
reproduced below:
1. A compound for the measurement of oxygen in living tissue comprising a
substituted porphyrin which is capable of absorbing an amount of energy
and subsequently releasing said energy as phosphorescent light, said
substituted porphyrin having an absorption band at a wavelength in the
near infra-red region in living tissue and said phosphorescence being
quenched by molecular oxygen, said substituted porphyrin being soluble
in an aqueous solution.
30. A method for preparing a compound of the formula
Porph-X-Y-[-CH2-CH2-O]n-H (II)
wherein Porph is a porphyrin selected from the group consisting of
dihydroporphyrin and metalloporphyrin, X is a chemical bond or a linking
group selected from the group consisting of –CO- and –NHCH2CO-, Y is
a chemical bond or –O-, and n is an integer from about 8 to about 500,
comprising:
(a) providing a compound of the formula
Porph-X-Y-Z (III)
where Z is hydrogen, halo or hydroxy; and
(b) reacting the compound of formula III with PEG at a temperature
and for a time to provide a PEG-substituted porphyrin.
59. The compound of claim 1 wherein said substituent is a flexible,
hydrophilic polymeric compound.
The references relied upon by the examiner are:
Vanderkooi et al. (Vanderkooi) 4,947,850 Aug. 14, 1990
Liu et al. (Liu) 5,238,940 Aug. 24, 1993
Ellis, Jr. et al. (Ellis) 5,280,115 Jan. 18, 1994
Kahl et al. (Kahl) 5,284,831 Feb. 8, 1994
Robert Thornton Morrison & Robert Neilson Boyd (Morrison), Organic Chemistry
864-8654 (5th ed., Allyn and Bacon, Inc. 1987) (1959)
4 We note the reference to Morrison in the examiner’s “listing of the prior art of
record” (Answer, page 3) does not correctly identify all the pages relied upon by the
examiner. This error was corrected herein above.
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