Appeal No. 95-2727
Application 07/699,898
1-8 of Bargiotti which set forth in vitro and in vivo data concerning the efficacy of those
compounds as antitumor agents.
Upon return of the application, the examiner should review the claimed invention
in light of the disclosure of Bargiotti and all other relevant prior art and determine
whether one of ordinary skill in the art would have found it obvious to form the 8-fluoro
analogs of the compounds of Bargiotti. The examiner should make the results of that
determination of record by issuing an appropriate office action. We note in passing
that the comparison set forth in the declaration filed under 37 CFR § 1.132 is based
upon comparing the efficacy of compounds according to the present invention with
doxorubicin, not the compounds of Bargiotti. The compounds of Bargiotti are closer
prior art than doxorubicin.
REVERSED
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
William F. Smith )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Fred E. McKelvey, Senior )
Administrative Patent Judge )
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