Appeal No. 95-0865
Application 08/08/007,950
Given that Hagberg I treats his various X groups as2
interchangeable and describes the use of the alkyl group mesyl as
working with the tetraalkylammonium salt form of a purine, we are
of the opinion that a person having ordinary skill in the art
would have recognized that compounds containing any of the X2
groups listed by Hagberg I, including halo, mesyl and triflyl,
would react with purines in the tetraalkylammonium salt form.
Also teaching the interchangeability of halogen, mesyl and
triflyl leaving groups in an analogous reaction is Ichikawa.
Specifically, Ichikawa describes the reaction of (1) a
cyclobutane (Compound V--page 5) having an X leaving group which
can be, inter alia, halogen, triflyl or mesyl (page 5, lines 43-
45) with (2) a purine (e.g., Compound XIV--page 6) to make
Compound IV (page 3) where B can be 2-amino-(Y is amino)-
3
6-chloro-(Y is halogen)-purine (page 4, line 15, left formula).2
In light of the organic synthesis techniques described
collectively by Searcey and Hagberg I, we believe that one
skilled in the art would recognize that a tetraalkylammonium salt
form of either an imidazole or a purine could be reacted with a
compound containing either a halo group (Searcey) or a mesyl
group (Hagberg I).
Our conclusion that the subject matter of claim 6 (as well
as other claims) would have been obvious is reinforced by Zahler.
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