Appeal No. 94-4265
Application 08/035,915
8-13). As for the other noted difference, EP 45198 has the following functional group in starting
formula (IX):
while the functional group in appellants’ starting formula (II) is
The examiner has not made out a prima facie case of obviousness over EP 45198 taken alone.
The examiner has not presented a reasoned analysis to explain why the teachings of EP 45198 would
have led one skilled in the art to appellant’s claimed starting compound having formula (II). EP
12 2
45198 does not disclose R as comprising moieties as set forth set forth in appellants’ claims for R .
While we note that EP 45198 discloses on page 2 that carba-2-penems are known having no
substituents or two methyl groups at the 1- position, the reference does not disclose making5
compounds using the Wittig reaction where R is hydrogen or a methyl group. The examiner has not12
presented any reasoned analysis to explained how it would have been obvious to one skilled in the
5Upon the return of this application to the examining group, the examiner should consider the references cited on
page 2 of EP 45198.
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