Appeal No. 94-4009 Paper No. 32
Application No. 07/953,716 Page 3
Claims 22, 23, and 24, which depend from claim 11 via
claims 19, 20, and 21, respectively, identify compounds for3
use in the method as follows:
22. The method of claim 19, wherein said
compound is (E)-3,5-dihydroxy-7-[4'-(4"-
fluorophenyl)-2'-cyclopropyl-quinolin-3'-yl]hept-6-
enoic acid, a compound having such carboxylic acid
condensed with hydroxy at the 5-position to form a
lactone, a sodium or calcium salt of such carboxylic
acid, or a C alkyl ester of such carboxylic acid.
1-3
23. The method of claim 20, wherein said
compound is (E)-3,5-dihydroxy-7-[6'-cyclopropyl-4'-
(4"-fluorophenyl)-1',3'-dimethylpyrazolo[3,4-
b]pyridin-5'-yl]hept-6-enoic acid, a compound having
such carboxylic acid condensed with hydroxy at the
5-position to form a lactone, a sodium or calcium
salt of such carboxylic acid, or a C alkyl ester of
1-3
such carboxylic acid.
24. The method of claim 21, wherein said
compound is (E)-3,5-dihydroxy-7-[6'-cyclopropyl-3'-
ethyl-4'-(4"-fluorophenyl)-2'-methylthieno[2,3-
b]pyridin-5'-yl]hept-6-enoic acid, a compound having
such carboxylic acid condensed with hydroxy at the
5-position to form lactone, a sodium or calcium salt
of such carboxylic acid, or a C alkyl ester of such
1-3
carboxylic acid.
At the hearing, Appellants' counsel conceded that
compounds of formula (I) are not new. This concession is
consistent with our understanding that the genus of compounds
in the claimed method includes compounds taught in the
Fujikawa patents. Specifically, compound I-517 (Table I) of
3 These claims further limit claim 11 only by further
defining the compound, not by adding additional steps.
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