Appeal No. 95-4487
Application 07/852,214
Blythin taken as a whole. We do not find in the record before us
any factual basis on which it would be reasonable to infer that
one of ordinary skill in this art would have been reasonably
motivated to interchange a nitrogen containing heterocycle for
the primary amino substituent in the -3- position of the 1,8-
naphthyridinyl compound of Teulon Example 6 where the vicinyl or
-4- position is unsubstituted. While the examiner points to
Blythin as showing the interchangeability of a primary amino
group with a heterocyclic group in that position in 1,8-
naphthyridinyl compounds which have the same utility, we are of
the view that, in this instance, the presence of the functional
group -Z R in the -4- position of Blythin’s compounds would, in26
the absence of evidence to the contrary, have reasonably
suggested to one of ordinary skill in this art that further
substitution, including cyclization, of the primary amino
substituent in the -3- position of the 1,8-naphthyridinyl
compound of Teulon Example 6 would require the presence of such
functional group in the -4- position. Cf. In re Payne, 606 F.2d
303, 315, 203 USPQ 245, 254-55 (CCPA 1979).
The examiner’s decision is reversed.
Reversed
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