Appeal No. 94-2280
Application 07/627,175
7 USPQ2d 1669 (Bd. Pat. App. 1984); Ex parte Hozumi, 3 USPQ2d
1059, 1060 (Bd. Pat. App. 1984).
In the present case, all of the ligands have in common
the functional utility of forming radionuclide complexes, and
share the substantial structural feature of repeating
methylene units separated by an N, P or As atom, which
appellants’ disclosure indicates is essential to that utility.
The examiner’s rejection therefore will not be sustained.
DECISION
The rejection of claims 1 and 2 under a judicial doctrine
as being directed to an improper Markush group is reversed.
REVERSED
BRADLEY R. GARRIS )
Administrative Patent Judge )
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CHUNG K. PAK ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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