Ex Parte Auer et al - Page 3

                  Appeal No.  2004-2079                                                           Page 3                   
                  Application No.  09/754,958                                                                              
                              -COOR7, -CONH2, -CONR8R9, -CONH(CH2)nOH, -CH2OH, -CH2NH2,                                    
                              -N=C=O, -N=C=S, -SO3H, -SO2NH(CH2)nNH , -CONH(CH2)nNH2                                       
                              wherein and [sic] the -NH2 group could also be substituted by (C1-C4)                        
                              alkyl or a commonly used amino protecting group;                                             
                              n is 2-8;                                                                                    
                              with the proviso that only one of R1-R6  is nitro;                                           
                              R7 is a commonly used carboxyl protecting or carboxyl activating                             
                              group;                                                                                       
                              R8 or R9 is hydrogen and the other is lower alkyl (C1-C4), phenyl,                           
                              benzyl, or R8 and R9 are part of a 5 or 6 membered ring;                                     
                              R10 and R11 are independently hydrogen or (C1-C4)alkyl; and                                  
                              R12 is (C1-C10)alkyl, [or] phenyl, which both can be substituted by (C1-                     
                              C4) alkyl, protected amino group or halogen; and                                             
                              D and D' are independently a bond or a spacer selected from α,ω-                             
                              diamino-alkanes, diaminocyclohexyl, bis-(aminomethyl)-substituted                            
                              phenyl, α-amino-ω-hydroxy-alkanes, alkylamines, cyclic alkylamines                           
                              or cyclic alkyldiamines or amino acids without or with additional                            
                              functionality in the side chain.                                                             
                         No prior art is relied upon by the examiner.                                                      
                                              GROUNDS OF REJECTION                                                         
                         Claims 17, 18, 20 and 21 stand rejected under 35 U.S.C. § 112, first                              
                  paragraph, as being based on a specification that fails to adequately describe the                       
                  claimed invention.                                                                                       
                         Claims 17, 18, 20 and 21 stand rejected under 35 U.S.C. § 112, first                              
                  paragraph, as being based on an insufficient disclosure to enable the scope of                           
                  the claimed invention.                                                                                   
                         Claims 17-21 stand rejected under 35 U.S.C. § 112, second paragraph as                            
                  indefinite.                                                                                              







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