Appeal No. 95-1364
Application No. 07/919,287
1 2 1 2
In other words, claims 1 and 14 as we understand them, require that 2-R , 3-R -1-OX , and 4-OX
substituents must all to be present on the benzene ring simultaneously. We have indicated the ring positions
1 2
(1-6) according to standard benzene ring nomenclature. 1-OX and 4-OX have been indicated as
1 2
hydroxy (OH) since claims 1 and 14 each require that “OX and OX are simultaneously hydroxy.”
1 2
Applicants further define R and R at page 11 of their specification:
1 2
More generally, R and R each can be a hydrocarbon, saturated or unsaturated,
1 2
potentially aromatic, generally hydrophobic, up to about C , but R and R taken
10
1 2
together should include at least two carbon atoms. R or R or both can be
electron donating or slightly electron withdrawing, e.g. -CH -O-CH , CH O-R 3
2 3 2
(where R is a generally hydrophobic hydrocarbon, saturated or unsaturated,3
2 1
potentially aromatic, up to about C ) or -CH -COOH or esters thereof. R and
10
2 1 2
R cannot both be strongly electron withdrawing, e.g. halogen or nitrile. R and R
1 2
are preferably hydrophobic. R and R can be part of a carbocyclic structure, e.g.
naphthoquinone or compound 83, but should not be part of a highly polar
heterocycle. Such a carbocyclic structure may be saturated, unsaturated, or
1 2
aromatic. Preferably R , and R if present, should have a carbon residue in the
position "- to the 1,4-dihydroquinone ring.
We also note that claims 23 and 26 define the invention in terms of a step (e.g., “using a
therapeutically effective amount of a compound” coupled with a function (e.g., “ which binds near the hinge
region or near the stem region of hemagglutinin”).
The examiner asserts several grounds of rejection:
1. The subject matter of claims 1, 5-6, 8-9, 14-16, 26-27 and 31-36 is rejected under 35
U.S.C. § 101 as failing to be a useful process;
2. The subject matter of claims 23-25 is rejected under 35 U.S.C. § 101 as failing to be a
useful process;
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