Appeal No. 95-2700
Application 07/956,018
this decision.
Appellants' claimed invention is directed to a process
for preparing benzoquinazoline thymidylate synthase inhibitors
of the recited formula. According to appellants, compounds
within the scope of claim 17 find utility in treating breast
and colon tumors.
The examiner relies upon the following references as
evidence of obviousness:
Kim 4,814,335 March 21, 1989
D.J. Brown, "THE PYRIMIDINES", published 1962 by John
Wiley & Sons (N.Y.), pages 31-32 and 44-50.
Appealed claim 17 stands rejected under 35 U.S.C. § 103
as being unpatentable over Kim and Brown.
We have thoroughly reviewed the respective positions
advanced by appellants and the examiner. In so doing, we find
that the prior art cited by the examiner fails to support a
prima facie case obviousness for the claimed subject matter.
Accord-ingly, we will not sustain the examiner's rejection.
The thrust of the examiner's rejections seems to be that
the claimed process would have been obvious to one of ordinary
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