Appeal No. 95-1083
Application No. 08/004,444
Claims 1-3, 6-8, and 12 stands rejected under 35 U.S.C. § 101, as lacking
demonstrated utility.
Claims 1-3, 6-8, and 12 stands rejected under 35 U.S.C. § 112, first paragraph, as
being based on a non-enabling disclosure.
Claims 1-3, 6-8, and 12 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies upon Kimura, Fujioka, Kimura (O), Kimura (E), Weiss,
Petkau, and Fretland.
We reverse.
BACKGROUND
The applicants' invention, as described at pages 2 and 40-41 of the specification,
is directed to manganese (II) or manganese (III) complexes of nitrogen containing sixteen-
member macrocyclic ligands which catalyze the conversion of superoxide into oxygen and
hydrogen peroxide and are characterized by their ability to mimic superoxide dismutase.
These complexes are stated to be useful in the treatment of numerous inflammatory
disease states and related disorders, including reperfusion injury due to ischemia,
inflammatory bowel disease, rheumatoid arthritis, osteoarthritis, and hypertension.
Discussion:
The Rejection under 35 U.S.C. § 101 and 35 U.S.C. § 112, first paragraph
Our appellate reviewing court recently stated in Fujikawa v. Watanasin, 93
F.3d 1559, 1563, 39 USPQ2d 1895, 1898-99 (Fed. Cir. 1996):
3
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