Appeal No. 95-0865
Application 08/08/007,950
Level of ordinary skill in the art
37. The art involved in this case is the purine art,
and more particularly, the reaction of purines with other
compounds in such a manner that the other compound attaches to
the 9-position of the purine. The prior art (Bisacchi,
Slusarchyk, Hagberg I, Ichikawa and Zahler), with the exception
of Searcey, is within the field of applicants' endeavor.
38. Searcey, while not dealing with purines, is
relevant because it addresses a problem applicants sought and the
prior art seeks to solve, viz., attaching moieties to the NH of
an imidazole ring, it being noted that a purine includes an
imidazole ring.
39. The hypothetical person having ordinary skill in
the art would have been aware of the teachings of the prior art
mentioned above.
B. Discussion
1. The examiner's rejection based on
Bisacchi, Slusarchyk and Searcey
The examiner rejected claims 6-19 and 22 under 35 U.S.C.
§ 103 over Bisacchi, Slusarchyk and Searcey. All of these claims
require the use of a protected disubstituted cyclobutane having a
leaving group X which is one of:
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