Appeal No. 95-3387
Application No. 08/005,942
variants in echinocandin-containing fermentates of
microorganisms of the species Zalerion arboricola, as well as
methods of enriching the fermentate with respect to desmethyl
variants and means of separating the variants from each other.
While provisions exist for the presentation of such a
rejection by this panel, we decline to make the necessary
findings of fact in this case and consider that it is more
prudent for the examiner to do so in the first instance. The
examiner should conduct a claim-by-claim analysis of the
differences between the claims and the prior art, should
consider the level of skill of the ordinary artisan at the
time of the invention and decide whether a prima facie case of
obviousness exists. We also note the declarations of Dr.
James Balkovec and Dr. Kenneth F. Bartizal, Jr. filed
previously in this record as Paper Nos. 7 and 8, respectively.
This evidence appears to be relevant and may well provide an
adequate rebuttal, at least with respect to some of the
claimed compounds, to any consideration as to whether the
claimed compounds, compositions and method are obvious in view
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