Appeal No. 95-1083
Application No. 08/004,444
In setting forth the basis of the rejection under 35 U.S.C. § 112, first paragraph, the
examiner states (Answer, page 5):
The disclosure lacks sufficient exemplary matter to allow one of
ordinary skill in the art to carry out the claimed invention without undue
experimentation.
On the record before us, we find that the examiner's statements, in support of these
rejections, fall short of the requirement set forth above and fail to provide adequate
evidence or reasons why one skilled in the art would doubt the statements relating to the
stated utility or the manner of using the claim designated manganese complexes.
The appellants attribute the usefulness of the claim designated manganese
complexes to their ability to catalytically dismutate superoxide. At page 41 of the
specification appellants state:
Activity of the compounds or complexs of the present invention for
catalyzing the dismutation of the superoxide can be demonstrated using the
stopped-flow kinetic analysis technique as described in Riley, D.P., Rivers,
W.J. and Weiss, R.H., "Stopped Flow Kinetic Analysis for Monitoring
Superoxide Decay in Aqueous Systems," Anal. Biochem., 196, 344-349
(1991), which is incorporated by reference herein. Stopped-flow kinetic
analysis is an accurate and direct method for quantitatively monitoring the
decay rates of superoxide in water. The stopped-flow kinetic analysis is
suitable for screening compounds for SOD activity and activity of the
compounds or complexes of the present invention, as shown by stopped-
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