Appeal No. 95-2700
Application 07/956,018
would have reasonably expected that appellants' reactant (V)
exhibits significant tautomerism, the examiner has failed to
present evidence that one of ordinary skill in the art would
have
expected such a particular enol to react with guanidines and
amidines, and what, if any, would have been the expected
product. Stated otherwise, there is no evidence of record how
an enol of the type claimed reacts with guanidines and
amidines . Further-more, neither of the applied references2
teaches any process for preparing the claimed products, let
alone via a process of reacting an enol and a guanidine or
amidine. In the absence of any established motive or desire
for one of ordinary skill in the art to make the claimed
benzoquinazoline thymidylate synthase inhibitor, we must
conclude that the examiner has relied upon impermissible
hindsight and speculation to support the conclusion of
Assuming tautomerism exists between the claimed enol and the $-keto2
ester, it cannot be presumed that guanidines and amidines would not react
preferentially with the enol over the $-keto ester.
4
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