Appeal No. 94-0962
Application No. 07/776,895
Antimicrobial Agents and Chemotherapy, “Antiherpes Virus
Activity of 9-(4-Hydroxy-3-Hydroxy-Methylbut-1-yl)Guanine(BRL
39123) in Cell Culture,” Boyd et al., Vol. 31, No. 8,
pp. 1238-1242 (1987)
Verh. K. Acad. Geneeskd, Belgium, “Towards a Selective
Chemotheraphy of Virus Infections, Development of
Bromovinyldeoxyuridine as a Highly Potent and Selective
Antiherpetic Drug,” DeClerq, Vol. 50, page 264, Figure 1
(1988)
Antimicrobial Agents: The Development and Assessment of
Antiviral Chemotherapy, CRC Press, Inc., Fields, Vol. 1, page
10 (1988)
The appealed claim stands rejected under 35 U.S.C. § 103
as unpatentable over the combined disclosures of Shealy, Vince
’758, Vince ’559 and Vince ’224.
We have carefully reviewed the entire record before us,
including each and every argument advanced by both the
examiner and appellant in support of their respective
positions. This review leads us to conclude that the
examiner’s § 103 rejection is not well-founded. We will not
sustain the examiner’s rejections for essentially those
reasons set forth in the Brief and the Reply Brief. We add
the following primarily for emphasis.
The examiner’s rejection is predicated on the contention
that it would have been obvious to employ 2-deoxyguanosine
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