Appeal No. 95-0865
Application 08/08/007,950
Pursuant to 37 CFR § 1.196(b), we enter the following new
grounds of rejection.
a. General observations concerning new grounds
of rejection based on the prior art
In making the following prior art rejections, we note that
applicants' use known starting materials to obtain a known
product having a known utility. The claims are directed to a
process, not products. Each of the process steps claimed by
applicants involves the use of known organic synthesis
techniques.
We have not overlooked arguments made in applicants' Appeal
Brief. Applicants maintain that there is an issue of whether a
person having ordinary skill in the art would have selected a
6-halopurine from the various purines described by Bisacchi
(Appeal Brief, page 15). There are at least two answers to
applicants' argument. First, Bisacchi describes only four
specific 6-substituted purines, one of which is 2-amino-6-
chloropurine (col. 7, last line to col. 8, first line). Second,
applicants' process is one for making a known compound from known
starting materials and Bisacchi describes the known starting
materials and the known final product. We believe that a person
having ordinary skill in the art, seeking to make the compound
applicants make, would have found it obvious to start with
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