Appeal No. 94-4265
Application 08/035,915
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the examiner's final rejection of
claims 37, 39, 43, 45-48, and 50-59, the only claims remaining in the application. We reverse.
The Claimed Subject Matter
The claims on appeal are directed to a process for preparing azetidinone and carbapenem
derivatives. Claim 51 is illustrative of the claimed subject matter and is appended to this decision.
The Prior Art
The following prior art references are relied upon by the examiner in support of the rejection
of the claims:
Oki et al (Oida III )2 Japanese Kokai 57-9784 Jan. 19, 1982
Morimoto (EP 45198) European Patent Application 0 045 198 Feb. 3, 1982
The following additional references, not relied upon in the stated rejection of the claims on appeal,
are cited by the examiner in the answer and the appellants in their reply brief:
International Tables for X-ray Crystallography, “Volume II Mathematical Tables,” The
Kynoch Press, Birmingham, England, pp. 60-64 (1959) (reply brief, appendix 4).
Handbook of Chemistry and Physics, The Chemical Rubber Co., 46th Edition, p. F-121
Although Oida is the second named inventor in the Japanese Kokai, the examiner identified the reference by “Oida2
III” early in the prosecution. Although it is customary for the Board to identify a reference by the last name of the first named
inventor only, since the examiner and appellants have used “Oida III” throughout the prosecution, we will use it for the sake
of consistency. The reference has been translated and it is the translation which has been relied upon by the examiner and
by us in our decision.
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