Appeal No. 95-0865
Application 08/08/007,950
The imidazole is shown on the left and the purine on the right.
Both Slusarchyk and Searcey react halo-containing compounds with
their respective imidazoles or purines at the N)) H position.
What Searcey tells us is that if the tetraalkylammonium salt
form of the imidazole is used when reacting with a halo-
containing compound, better yields are obtained vis-à-vis an
alkali salt form of the imidazole. The use of an alkali salt for
of a purine is known as shown by Slusarchyk. Based on the
teachings of Searcey, we are of the opinion that one skilled in
the art would have recognized that the principles of Searcey
would be applicable to purines as well as imidazoles.
We have not overlooked applicants' argument that there is
"no indication [in Searcey] that the use of tetraalkylammonium
salts will be of benefit in reactions beyond those disclosed"
(Appeal Brief, page 16). It is true that there is no explicit
recognition of any benefit beyond nitro-imidazoles. However,
Searcey and Slusarchyk are attempting to add a moiety at the same
point, i.e., the N))H in the diagram set out above. We believe
one skilled in the art would recognize that the technique of
Searcey would be expected to have applicability beyond mere
nitro-imidazoles. Moreover, we need not bottom our obviousness
rationale on improved yields. While improved yields may well be
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