Appeal No. 95-4493
Application 07/756,646
The subject matter on appeal is directed to the antibiotic
LL-E19020 Alpha , its composition and method of use in treating
1
infections. The antibiotic LL-E19020 Alpha is the C-21 epimer 1 2
of known antibiotic LL-E19020 Alpha (specification, page 3). The
subject matter on appeal is adequately illustrated by appealed
claim 1, which is reproduced and attached to this decision as an
Appendix.
The references relied upon by the examiner are:
Carter et al. (Carter) 4,705,688 Nov. 10, 1987
Carter et al. (Carter II), “LL-E19020" and $, Novel Growth
Promoting Agents: Isolation, Characterization and Structures”, 41
The Journal of Antibiotics, no. 10, 1511-1514 (October 1988).
Claims 1, 4 and 5 stand rejected under 35 U.S.C. § 103 as
unpatentable over Carter II. Claim 1 stands rejected under 35
U.S.C. § 102(b) as anticipated by Carter . We reverse both 3
stated rejections.
2An epimer is an isomer which differs from the compound
with which it is being compared only in the relative positions of
an attached hydrogen and hydroxyl. The isomerism may be
represented as -HCOH- and -HOCH-. See The Condensed Chemical
Dictionary, page 343 (Ninth Ed., Van Nostrand Reinhold Company,
1977).
3This rejection was a new ground of rejection made for the
first time on page 5 of the examiner’s answer.
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