Appeal No. 95-3056
Application 07/833,718
rendered commercially impractical because [of] the instability
of hydrated 2-octynyladenosine when stored” (Ans., pp. 6-7,
bridging para.).
F. The examiner finds that “it does not defy logic . .
. that a compound of known chemical structure, initially
isolated in hydrated form, should not be patentably
distinguishable from the identical compound rendered anhydrous
by one or more conventional purification steps” (Ans., p. 6,
l. 9-13).
G. The examiner finds that applicants have solved “a
very simple problem quickly understood by any ordinary
practitioner using commonly available analytical techniques .
. . and quickly soluble [sic] using routine purification
techniques” (Ans., p. 7, l. 6-10).
H. The examiner finds that “pharmaceuticals are
routinely tested for activity as a function of storage
conditions to determine how they must be processed in
preparation for storage” (Ans., p. 7, l. 13-15).
I. The examiner finds that “[i]nstability in the
presence of retained solvent, i.e. herein water of hydration,
is not unheard of and . . . readily soluble [sic] in several
different ways without undue expense” (Ans., p. 7, l. 16-18).
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