Appeal No. 95-0976
Application No. 07/936,558
Belgian Pat. as taught by the '067 Pat. with
a reasonable expectation that said quarternary
(sic) ammonium derivative would exhibit the
same or similar antibiotic effect. The
claimed compound containing an alkylamine
derivative would have been obvious in view
of the teachings of the '067 Pat. which appears
to teach an alkylamine when n is zero.
On page 6 of the Examiner's Answer the following points are
made:
Contrary to appellants' arguments Schmatz teaches
an amine at the Thr position. Note col. 18,
lines 37-38. Even assuming, for the sake of
arguments [sic, argument], that Schmatz does not
teach an amine however, it would be within the
expected skill of a person in the art to replace
the amide i.e., glutamine in the Thr residue of
Schmatz with an amine i.e., a basic residue as
Orn. Gln and Orn residues belong to the same
group of hydrophilic amino acid residues
and would reasonably be expected to exhibit
similar antibiotic activity. Further,
attachment of said amine group in the
cyclohexapeptide echinocandin, albeit at
different position i.e., at the Orn residue
as taught by Schmatz or the Belgian Pat. has
been known to exhibit a similar antibiotic
effect. To therefore merely transpose or
shift a particular substituent to a different
location of the peptide sequence, without
producing new and unexpected result, would
be within the expected skill in the art.
Although appellants urge that the Belgian
('310 ) Pat. discloses only the limited group
-(CH2)16-CH3 for R5 substituent (RI of the
instant application) the said group are (sic)
however, within the purview of the claims on
appeal.
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