Appeal No. 95-3056
Application 07/833,718
1. Introduction
Claims 1-3, 7-13, and 15-28 stand rejected under 35
U.S.C.
§ 103 as being unpatentable over the teaching of either
Miyasaka et al. (Miyasaka), U.S. Patent 4,956,345, patented
September 11, 1990, or Matsuda et al. (Matsuda), “Introduction
of Carbon Substituents at C-2 Position of Purine Nucleosides,”
Nucleic Acids Research, Symposium Series No. 12, pp. 5-8
(1983), in view of the teaching of Weygand et al. (Weygand),
Preparative Organic Chemistry (Hilgetag et al., eds., John
Wiley & Sons, New York, pp. 1096-98, 1111-21, and 1127
(1972)). The examiner’s rejection of Claim 23 under 35 U.S.C.
§ 112, fourth paragraph, has been withdrawn (Supplemental
Examiner’s Answer (Supp. Ans.), p. 3,
l. 19-21). The examiner appears also to have withdrawn the
appealed rejections of appellants’ claims under 35 U.S.C. §
103 in view of the teaching of Miyasaka or Matsuda alone and
in view of appellants’ admissions in combination with
Weygand’s teaching (Examiner’s Answer (Ans.), p. 5, l. 15, to
p. 6, l. 20).
All claims stand or fall together with Claim 1. See 37 CFR
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