Appeal No. 95-0976
Application No. 07/936,558
i.e., at the Orn residue, as taught by Schmatz or the '310
Pat., has been known to exhibit a similar antibiotic effect
and to merely transpose or shift a substituent to a different
location of the peptide sequence, without producing new and
unexpected result would be within the expected skill in the
art.
With respect to reason 1), '067 Pat. does not teach an
amine substituent at the Thr position when n is zero.
With respect to reason 2), Schmatz teaches at column 18,
lines 36-45 that the variable at the Thr position designated
R by Schmatz is CH not an amine. The alkyl amine referred toV 3
by Schmatz at column 18, lines 36-45, is substituent R whichIII
corresponds to R in the compounds claimed herein.
3
With respect to reason 3), Schmatz does not teach a
glutamine in the Thr position. Thus, any thought to replace a
glutamine with an ornithine is of no moment. Moreover, such
replacement would still fail to create the claimed compounds
which retain the hydroxy from the threonine.
With respect to reason 4), the transposition or shifting
of a substituent from a specific Orn to a specific Thr in a
cyclic hexapeptide does not constitute a variation that is
17
Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: November 3, 2007