Appeal No. 95-1083
Application No. 08/004,444
dismutase activity. The examiner (Answer, page 9) found the evidence not persuasive
"since the superoxide dismutase activity of the instant compounds is clearly suggested by
the prior art as discussed . . . . ". However, the examiner has pointed to no manganese
complex of nitrogen containing sixteen-member macrocyclic ligands, within the scope of
the claimed subject matter, which have superoxide dismutase activity. In addition, the
examiner has offered no facts or evidence to rebut the evidence, presented by the
appellants, as to the unpredictability of substituting one transition metal for another in this
type of complex. Thus, on the
record before us, we find that the examiner has failed to present facts or evidence which
would support a prima facie case of unpatentabilty of the claimed subject matter.
The rejection of claims 1-3, 5-8, and 12 under 35 U.S.C. § 103 is reversed.
SUMMARY
To summarize, the decision of the examiner to reject claims 1-3, 5-8 and 12 under
35 U.S.C. § 101 and 35 U.S.C. § 112, first paragraph is reversed. The rejection of claims
1-3, 6-8, and 12 under 35 U.S.C. § 103 is reversed.
REVERSED
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