Appeal No 94-1046
Application 07/747,456
This is an appeal from an examiner’s rejections of
Claims 1-9, all claims pending in this application.
1. The claimed subject matter
Claim 1 is representative of the claimed macrolactam
monosaccharide antimicrobial compound and is reproduced in the
attached Appendix. All claims stand or fall together (Brief on
Appeal, p. 4).
The claims are directed to a macrolactam monosaccharide
antimicrobial compound in substantially pure form, its
pharmaceutically acceptable salts, pharmaceutical compositions
comprising the pure compound or its salts, and methods for their
administration to hosts having a susceptible microbial infection.
“The compound is isolated from an antimicrobial complex 517 which
is produced in fermentation under controlled conditions using a
biologically pure culture of the microorganism, Actinomadura
vulgaris subsp. vulgaris SCC 1776, ATCC 53748" (Specification
(Spec.), p. 1, introductory paragraph). The microorganism was
isolated from soil collected in Borneo (Spec., p. 3, last
paragraph).
2. The rejections
A. Claims 1-9 stand rejected under 35 U.S.C. § 112, first
paragraph, purportedly because the specification, as originally
filed, did not describe the compound of formula 1 of Claim 1.
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