And Appeal No 94-1146
Application 07/746,050
DECISION ON APPEAL UNDER 35 U.S.C. § 134
This is an appeal from an examiner’s rejections of
Claims 1-12, all claims pending in this application.
1. The claimed subject matter
Claim 1 is representative of the claimed macrolactam
monosaccharide antimicrobial compounds and is reproduced in
the attached Appendix. All claims stand or fall together
(Brief on Appeal, p. 4).
The claims are directed to macrolactam monosaccharide
antimicrobial compounds in substantially pure form, their
pharmaceutically acceptable salts, pharmaceutical compositions
comprising the pure compounds or their salts, and methods for
treating a bacterial infection in a host comprising
administering the compounds to the infected host. “The
compounds are
isolated from an antimicrobial complex 510 which is produced
in fermentation under controlled conditions using a
biologically pure culture of the microorganism, Actinomadura
fulva subsp. uruguayensis SCC 1778, ATCC 53713" (Specification
(Spec.), p. 1, introductory paragraph). The microorganism was
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Last modified: November 3, 2007