Appeal No. 95-3387
Application No. 08/005,942
the hydroxyproline residue of the hexapeptidyl compounds that
they each disclose.
In the Appeal Brief, at page 3, appellants urge that the
references depict tapered dashed lines from the pyrrolidine
ring to the methyl group so as to indicate the stereochemistry
of the compound and not any potential cleavage of the methyl
group in question. The examiner does not controvert this in
the Examiner's Answer.
The question is then raised as to whether the cited art
is enabling for a method of making compounds which do not have
a
4-methyl-3-hydroxyproline residue. Appellants state on page 4
of the Appeal Brief that “the art cited against the instant
application ... does not teach a method of selectively
removing the methyl group.”
In the response to arguments, on pages 6 and 7 of
the Examiner's Answer, reference is made to Schwartz, U.S.
Patent 5,202,309. The Schwartz patent referred to was
submitted by appellants in an Information Disclosure Statement
filed after the Appeal Brief. In the paragraph bridging pages
6 and 7 of the Examiner's Answer the examiner states:
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