And Appeal No 94-1146
Application 07/746,050
technique to selectively activate and remove the one,
two or three of the -CH - groups at C-5', C-9' and/or
2
C-13' of the macrolactam aglycone of AB-85 to form the
compounds of this invention and (2) there is no synthetic
organic chemical method of making the compounds of this
invention and (3) only by fermentation of the A. fulva
subsp uruguayensis of this invention are the compounds
of this invention available.
In short, Min Chu declares that he is not aware of any
synthetic organic chemical method of preparing antibiotics
including the macrolactam aglycone of this invention with a
methyl radical at the C-5, C-9 and/or C-13 position from
antibiotics including the macrolactam aglycone of AB-85 with
an ethyl radical at the C-5, C-9 and/or C-13 position.
Faced with Chu’s declaration, the examiner responded as
follows (Examiner’s Answer, pp. 5-6):
. . . [T]he Declaration by Dr. Min Chu stating that Dr.
Min Chu is not aware of any synthetic technique to
selectively activate and remove the one, two, or three of
the -CH - groups at the 5, 9 and 10-13 [sic, 13] position
2
of the
compound disclosed by the Japanese patent, [the]
same Declaration . . . [has] not been found persuasive
because the removal of the methyl group from the
reference’s compound can be not selective but random
resulting in a mixture of compounds being formed which are
subsequently separated.
However, Chu also said that he was “aware of no chemical
method in existence as of August 3, 1988 of synthesizing the
compounds of this invention except by the fermentation of
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