Appeal No. 2001-2011 Page 2
Application No. 08/402,413
Claims 1 through 3 are drawn to “benzothiophene compounds substituted at the
6-position, with a bridging group at the 3-position, and having a basic side chain.” Brief,
page 3. In view of its brevity, we reproduce the examiner’s rejection in its entirety
(except that, for the sake of clarity, we have substituted a single name for a reference
wherever the examiner has used more than one name for the same reference):
Kennedy [ ], Descamps [‘204, Descamps ‘707] and Pestellini are
references in the same field of anti-angina/anti-arrhythmia compounds.
Kennedy [d]isclosed compounds having a protected hydroxy or
alkoxymethylene chain between the benzothi[o]nyl moiety and the phenyl
moiety. The combined teachings of Descamps ‘204, [Descamps] ‘707
and Pestellini [ ] placed the following teaching in the possession of the
artisan that:
1) the benzofuranyl ring system and benzothi[o]nyl ring system are
interchangeable for such compounds (see [Descamps] ‘204 vs
[Descamps] ‘707:
2) the linkage between the bicyclic ring system and the phenyl ring
can be CO or substituted alkylene (see [Descamps] ‘204 v [Kennedy],
linkage at 3-position, see [Kennedy] p. 7 formula XV, XVI and p. 9 formula
XX.
3) the position isomers also have the expected similar activity (see
Pestellini);
4) the substituents on the linking alkylene chain can be hydroxy,
alkoxy, acylated hydroxy, amino, mono- or di-alkylamino (see [Pestellini’s]
linking group);
5) the “other substituent on the bicyclic ring system can be alkyl,
cyclohexyl, or phenyl[.]
Answer, pages 4 and 5.
Noticeably missing from this disjointed series of conclusions is a coherent
Page: Previous 1 2 3 4 5 Next
Last modified: November 3, 2007