Ex parte SINGH et al. - Page 40




          Appeal No. 95-0865                                                           
          Application 08/08/007,950                                                    

               Bisacchi describes deprotection by treatment with sodium                
          methoxide in methanol (col. 8, lines 44-50), particularly when               
          the "Prot" group is benzoyl, as required by Claim 21.  Slusarchyk            
          reveals that conversion of a chloro group at the 6-position to an            
          alkoxy group ()O)R  in Slusarchyk) can be accomplished by known              
                            4                                                          
          methods (page 9, last line through page 10, line 22).                        
               Hagberg I describes hydrolysis of Compound III (page 9)                 
                         1                                  2        2              
          containing an X  group which can be, inter alia, ) OR , where R ,            
          inter alia, may be alkyl (e.g., methyl), in the presence of                  
          sodium hydroxide (page 9, line 27) to produce a "compound of the             
          [Hagberg I invention" which, of course, is a purine compound with            
          an oxo (4O) at the 6-position (page 7, Compound I).                          

                         r.   Claim 22--prior art rejection                            
               Claim 22 is rejected as being unpatentable over Bisacchi,               
          Slusarchyk, Searcey, Hagberg I, Ichikawa and Zahler.  Claim 22 is            
          narrower than Claim 6 in that it limits the "Prot" group to acyl.            
          Claim 22 also requires a step (b) and a step (c).                            
               Step (b) calls for (indentation and paragraph numbers                   
          added):                                                                      
                    (1) treating the product from part (sic--step) (a)                 
                         with hot aqueous sodium or potassium hydroxide or             



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