Ex parte BLYTHIN - Page 2

          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,               
          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                 
            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                  

                                         - 2                                          

Page:  Previous  1  2  3  4  Next 

Last modified: November 3, 2007