Appeal No. 95-4441
Application No. 07/970,229
The references relied upon by the examiner as evidence of
obviousness are:
Brockmann et al. (Brockmann) 2,707,704 May
3, 1955
Fleming et al. (Fleming) 3,974,186 Aug.
10, 1976
Sydiskis et al. (Sydiskis) 4,670,265 Jun. 2,
1987
Japanese patent applic. (Suzuki) 52-44231 Apr. 7,
1977
Lavie et al. (Lavie), “Antiviral pharmaceutical compositions
containing hypericin or pseudohypericin,” Chemical Abstracts,
Vol. 109 (1988) p. 70.
Merck Index, 10th edition, Abstract No. 4786 (1983).
All of the claims now on appeal are rejected under 35
U.S.C. § 103 as being unpatentable over Sydiskis and Fleming
in view of Brockmann, Lavie and Suzuki and claims 21 through
23 and 25 through 27 are rejected under 35 U.S.C. § 103 as
being unpatentable over Brockmann in view of Lavie and the
Merck Index . 3
3On page 16 of the Brief, the appellants have indicated
that method claims 13 and 18 through 20 will stand or fall
together and that composition claims 21, 26 and 27 will stand
or fall together but that each of claims 14, 15, 17, 22, 23
and 25 should be considered separately.
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007