Ex parte SINGH et al. - Page 17




          Appeal No. 95-0865                                                           
          Application 08/08/007,950                                                    

          page 8, line 36 where R  is described as being inter alia alkyl1                                                     
          containing 1-8 carbon atoms, with methyl being 1 carbon].                    
                    35. Pertinent to the issues involved in this appeal is             
          the method described by Hagberg I in Example 10 (pages 33-34).               
          Example 10 describes a reaction of                                           
                         a.   2-amino-6-benzyloxypurine in the form of a               
                              tetrabutylammonium salt [Hagberg I Compound              
                                         7                            11              
                              XII where R  is benzyloxy ()OCH C H ) and R              
                                                              26 5                     
                              is hydrogen () H)]                                       
                         b.   with (S)-4-O-methanesulfonyl-1,2-O-                      
                              isopropylidenebutane-1,2,4-triol [Hagberg I              
                              Compound XIII (left side) where X  is2                      
                              methanesulfonyloxy [i.e., mesyl] and R  and1                 
                              R  are methyl].12                                                      
          The significant teaching of Example 10 is that a purine in its               
          tetraalkylammonium salt form may be reacted with a compound                  
          having a mesyl leaving group.  Searcey, on the other hand,                   
          describes only the use of halo leaving groups on the compounds               
          reacted with the imidazole in its tetraalkylammonium salt form.              
                    36. Findings with respect to other prior art, e.g.,                
          Ichikawa and Zahler, can be found in the Discussion portion of               
          this opinion.                                                                


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