Appeal No. 95-0576
Application 08/035,546
commonly assigned U.S. 5,089,480 and the terminal disclaimer
entered in this application on December 20, 1993.
2. Findings
A. The claimed invention
The claims on appeal are directed to novel
antiparasitic “compounds related to the avermectins and
milbemycins but having a novel substituent group at the 25-
position. . .” (Specification, page 1, lines 8-12). The
specification acknowledges that avermectins are antiparasitic
agents which are produced by “fermenting a strain of the
microorganism Streptomyces avermitilis ATCC 31267, 31271 or 31272
under aerobic conditions in an aqueous nutrient medium containing
inorganic salts and assimilable sources of carbon and nitrogen”
(Specification, page 1, lines 13-19). Applicants “discovered
that by adding certain specified carboxylic acids, or derivatives
thereof, to the fermentation of an avermectin producing organism
it is possible to obtain novel compounds, related to the
avermectins but having an unnatural substituent group at the 25-
position in place of the isopropyl or sec-butyl group which is
normally present” (Specification, page 1, line 32, to page 2,
line 3). The examiner does not dispute the Description of the
Prior Art on page 1 or the Summary of the Invention on pages 1-4
of the specification.
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