Appeal No. 95-3056
Application 07/833,718
on large scale was commercially impractical because [of] the
instability of hydrated 2-octynyl adenosine when stored (Supp.
Ans., p. 2, l. 15-18). We agree with the examiner that the
evidence of record, as a whole, strongly suggests that
Miyasaka and Matsuda both isolated a hydrate of 2-octynyl
adenosine.
We also agree with the examiner that the evidence of record,
as a whole, suggests that large scale commercial production of
the 2-octynyl adenosine isolated by Miyasaka and Matsuda would
have been impractical because of its storage instability.
However, aside from the teaching in this specification and
declarations of record, we find no evidence of record that
persons having ordinary skill in the art would have known that
Miyasaka and Matsuda isolated a hydrate of 2-octynyl adenosine
rather than it anhydrous form. Moreover, even if persons
having ordinary skill in the art reasonably would have known
that Miyasaka and Matsuda isolated an unstable hydrate of 2-
octynyl adenosine, there is no evidence in this record other
than that found in applicants’ own specification which
reasonably would have suggested to persons having ordinary
skill in the art that the water content of the 2-octynyl
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