Appeal No. 2001-2138
Application No. 08/403,276
atoms, n is an integer from 2 to 15, R is alkyl of 1 to 12 carbon atoms, R is4 5
selected from the group consisting of hydrogen, alkyl of 1 to 12 carbon
atoms and acyl of an organic carboxylic acid of up to 12 carbon atoms and
the wavy lines indicate that the 17- and 20- asymmetrical centers are
independent of the absolute R and S configurations and their non-toxic,
pharmaceutically acceptable acid addition salts.
The examiner’s rejections
10. Claims 1 through 5 were rejected under 35 U.S.C. § 103(a) as being
unpatentable over French patent document 1,380,424 (“RUSI”), or French patent document
90,805 (“RUSII”), both assigned to RousselSUclaf. On receipt by the board, no translation
for either document was present in the application file.
RousselSUclaf I
11. U.S. Patent No. 3,156,619, issued to Bertin and Nedélec on
November 10, 1964 (“Bertin”), claims priority in part from RUSI. Although Bertin contains
material not included in RUSI, the parallel cites post confirm the sense of the French text.
We stress that the examiner did not cite Bertin, and that we use it as an informal translation
to confirm our reliance on chemical formulas and names disclosed by RUS1.
12. RUSI concerns compounds having the structure:
- 6 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007