Ex parte EHRGOTT et al. - Page 2




          Appeal No. 96-2721                                                          
          Application No. 08/148,764                                                  


               This is an appeal from the final rejection of claims 2-8,              
          50-59, 65-69, 75-79, 86, 87, 90-108, 112 and 113, all the                   
          claims remaining in the present application.  A copy of                     
          illustrative claim 112 is appended to this decision.                        
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Kadin                       4,569,942               Feb. 11, 1986           
          Young et al. (Young)        4,962,117               Oct.  9, 1990           
                                                       (filed Nov. 2, 1988)           
               Appellants' claimed invention is directed to 3-                        
          substituted-2-oxindole derivatives of the recited formula.                  
          According to appellants, the claimed compounds find utility in              
          treating inflammatory conditions, in eliciting an analgesic                 
          response, in treating interleukin-1 mediated disorders and                  
          immune disfunction, in inhibiting prostaglandin H  synthase                 
                                                           2                          
          and in inhibiting biosynthesis of interleukin-1 in a mammal.                
               The appealed claims stand rejected under 35 U.S.C. § 103               
          as being unpatentable over Kadin, taken alone, or in                        
          combination with Young.                                                     
               Upon careful consideration of the opposing arguments                   
          presented on appeal, we agree with appellants that the prior                
          art applied by the examiner fails to establish a prima facie                

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