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Ex Parte COOK et al - Page 2
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Board of Patent Appeals and Interferences > 2003 > Ex Parte COOK et al - Page 2
Appeal No. 2002-0798 Page 2
Application No. 09/107,688
its chemical or electrochemical properties. The transformed scaffold moiety is then
reacted with a further mixture of chemical reactive compounds to provide a library.
Claim 13, which is illustrative of the subject matter on appeal, reads as follows:
13. A method for preparing a chemical library comprising:
reacting a mixture of at least four chemical reactive compounds with at least one
scaffold moiety to provide a mixture of reaction products;
transforming said scaffold moiety in said reaction products to alter at least one of
its chemical or electrochemical properties and;
reacting said transformed scaffold moiety in said products with a further mixture
of at least four chemical reactive compounds to provide said library.
(Emphasis added).
The Prior Art References
The prior art references relied on by the examiner are:
Rutter et al. (Rutter) 5,010,175 Apr. 23, 1991
Joran 5,364,851 Nov. 15, 1994
Baindur et al. (Baindur) 5,646,285 Jul. 8, 1997
Ostresh et al. (Ostresh), "'Libraries from libraries': Chemical Transformation of
Combinatorial Libraries to Extend the Range and Repertoire of Chemical Diversity,"
Proc. Nat'l Acad. Sci. USA, Vol. 91, pp. 11138-42 (Nov. 1994)
The Rejections
The appealed claims stand rejected as follows: (1) claims 13, 23, and 26 under
35 U.S.C. § 102(b) as described by Rutter; (2) claims 13 and 23 through 26 under 35
U.S.C. § 103(a) as unpatentable over the combined disclosures of Rutter, Baindur, and
Ostresh; (3) claims 13, 23, 26, and 30 under 35 U.S.C. § 103(a) as unpatentable over
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