Ex Parte HOFSTRAAT et al - Page 2
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Board of Patent Appeals and Interferences > 2004 > Ex Parte HOFSTRAAT et al - Page 2
Appeal No. 2004-0351
Application No. 09/463,277
comprising group. Further details of this appealed subject
matter are set forth in representative independent claim 1 which
reads as follows:
1. A non-fluorescent label which is suitable for
making a charge-transfer fluorescent probe having a donor-
bridge-acceptor structure, characterized in that the label
comprises a maleimide moiety and a donor-bridge-acceptor
structure, wherein the bridge is an 8-azabicyclo [3,2,1]
octane comprising group which leads to an all-trans orbital
coupling of the donor and the acceptor, and the donor-
bridge-acceptor structure has a higher energy charge-
transfer emissive state when [sic, than]1 at least one non-
emissive state of the part of the label comprising the
maleimide moiety, which non-emissive state must have a
higher energy that [sic, than]1 the charge-transfer emissive
state of the donor-bridge-acceptor structure after coupling
of the maleimide moiety to a suitable system.
The references set forth below are relied upon by the
examiner as evidence of obviousness:
Krijnen et al. (Krijnen), “Effect of Through-Bond Interaction on
Conformation and Structure of Some N-Arylpiperidone and N-
Aryltropanone Derivatives,” J. A. Chem. Soc., 111(12), pp. 4433-
Verhey et al. (Verhey), “A fluorogenic charge-transfer polarity
probe for the derivatization of thiols and amines,” New J. Chem.,
Vol. 20, pp. 809-14 (Jul. 8, 1996).
All of the claims on appeal stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Verhey in view of Krijnen.
1These informalities have inadvertently developed due to
typographical errors as revealed by a comparison of the original
and amended versions of appealed claim 1.
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