Appeal No. 94-4265
Application 08/035,915
(1965) (answer, p. 2).
Pine et al., Organic Chemistry, 4th Edition, McGraw-Hill International Book Company, pp.
79-82 (1981) (reply brief, appendix 2).
Pfaendler et al., “Structure, Reactivity, and Biological Activity of Strained Bicyclic $-Lac-
tams,” J. Am. Chem. Soc., Vol. 103, pp. 4526-4531 (1981) (reply brief, appendix 3).
Allen et al., “The Development of Versions 3 and 4 of the Cambridge Structural Database
System,” J. Chem. Inf. Comput. Sci., Vol. 31, pp. 187-204 (1991) (reply brief,
appendix 5).
The Rejection
All of the claims stand rejected under 35 U.S.C. § 103 as being obvious in view of either Oida
III or EP 45198. 3
Opinion
We have carefully considered the respective positions advanced by appellants and the
examiner. For the reasons set forth below, we will not sustain the examiner's rejection.
In essence, appellants’ process involves forming an azetidinone derivative which is then
cyclized by “conventional means,” a Witting condensation reaction, to form a carbapenem derivative
having formula (IV) as per the following reaction mechanism:
3We note that in the final rejection, the examiner made separate rejections of the claims over Oida III and EP
45198, but combined them into a single rejection in the examiner’s answer.
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