Appeal No. 95-0865
Application 08/08/007,950
Zahler describes the reaction of purines with cyclobutanes.
Zahler specifically describes the reaction of (1) a cyclobutane
Compound 2 (page 9) having a leaving group which may be, inter
alia, mesyl, triflyl or nosyl (page 9, lines 24-25) with (2) a
purine Compound 3 (also page 9) to make (3) a 9-disubstituted-
purine (Compound 4) using either potassium carbonate, sodium
hydride or potassium hydride (page 9, line 43) or Compound 3 in
its tetraalkylammonium salt form (page 10, lines 19-21). Zahler
also describes making a 9-disubstituted cyclobutane-6-chloro-2-
amino-purine (Compound 6--page 11) "under conditions analogous to
those used in making the preparation of compound 4" (page 11,
lines 12-13).
In light of our discussion above, a person having ordinary
skill in the art would have found it obvious to react applicants'
purine in its tetraalkylammonium salt form with a bis
(2,3-protected hydroxymethyl) cyclobutane having an X group which
is a perfluoroalkane sulfonyloxy group, such as triflyl. It
follows that the subject matter of claim 6 includes subject
matter which would have been obvious within the meaning of
35 U.S.C. § 103.
d. Claim 7
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