Appeal No. 95-4487
Application 07/852,214
The appealed claims as represented by claim 1 are drawn to a
compound having a 1,8-naphthyridine nucleus which is substituted
by, inter alia, an optionally substituted phenyl moiety in the
-1- position, oxo in the -2- position, a nitrogen containing
heterocycle bonded through the nitrogen in the -3- position and
hydrogen or alkyl in the -4- position. According to appellant,
the claimed naphthyridine compounds or a pharmaceutically
acceptable salt thereof are useful in the treatment of allergy,
inflammation, hyperproliferative skin disease and peptic ulcers
(specification, e.g., page 3).
The references relied on by the examiner are:
Blythin et al. (Blythin) 4,794,116 Dec. 27,
1988
Teulon 2,567,720 Jan. 17, 1986
(published French Pat. Specification)
The examiner has rejected claims 1 through 9 on appeal under
35 U.S.C. ' 103 as being unpatentable over Teulon and Blythin.
We reverse.
Rather than reiterate the respective positions advanced by the
examiner and appellant, we refer to the examiner’s answer and to
appellant’s main and reply briefs for a complete exposition
thereof.
Opinion
We have carefully reviewed the record on this appeal and based
thereon conclude that the examiner has not established that the
claimed compounds and pharmaceutical salts of the appealed claims
are prima facie obvious over the combination of Teulon and
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