Appeal No. 94-3007
Application 07/809,039
GRON, Administrative Patent Judge.
DECISION ON APPEAL UNDER 35 U.S.C. § 134
Introduction
This is an appeal from an examiner’s rejections of
Claims 3, 5-7, 12, 14-16, 19, 22, 23, 25-27, 30 and 31, all
claims pending in this application. The claimed compounds and
methods of using the compounds to treat bacterial infections
stand rejected under 35 U.S.C. § 103 as being unpatentable in
view of the structurally similar A-21978C cyclic peptides and
derivative antibacterial agents and intermediates described in
Debono, Re. 32,311, reissued December 16, 1986, and for
obviousness-type double patenting of the A-21978C cyclic
peptide derivatives Debono claims. Independent Claims 30 and
31 are drawn to appellants’ new A-21978C cyclic peptide
derivatives which are described as antibacterial agents or
intermediates to anti-bacterial agents (Specification, page 1,
lines 5-13). Claims 30 and 31 are reproduced in the attached
Appendix.
Discussion
The A-21978C cyclic peptide derivatives described in
Debono differ from the A-21978C cyclic peptide derivatives
encompassed by appellants’ Claim 31 by (1) a single amino acid
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