Appeal No. 1995-4623
Application No. 07/918,588
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O'Connor, S.D., et al. (O'Connor) "Quenched Molecular Dynamics
Simulations of Tuftsin and Proposed Cyclic Analogues", Journal of Medicinal
Chemistry, Vol. 35, No. 15, pp. 2870-2881 (1992).
The appealed claims stand rejected as follows: (1) Claims 1, 2, 4 and 5 under 35
U.S.C. § 103 as unpatentable over the combined disclosures of Chipens (I) and
Nikiforovich; (2) claims 1, 3, 4 and 6 under 35 U.S.C. § 103 as unpatentable over the
combined disclosures of Chipens (I) and Hahn; (3) claims 1, 2, 4 and 5 under 35 U.S.C. §
103 as unpatentable over Siemion or Stabinsky, either of those "primary references" in
view of Chipens (II); and (4) claims 1 through 3 under 35 U.S.C. § 102(f) because
applicants themselves did not invent the subject matter sought to be patented.
On consideration of the record, we shall not sustain these rejections.
SECTION 103
Having reviewed the Appeal Brief, Reply Brief, and Examiner's Answer, we
conclude that the examiner's rejections under 35 U.S.C. § 103 are untenable. Each
appealed claim recites the pentapeptide cyclo[Thr-Lys-Pro-Arg-Gly] or
cyclo[Thr-Lys-Pro-Arg-Asp] fully cyclized in a "head-to-tail" manner, i.e., by coupling
the alpha-amino group of theThr to the carboxyl group of Gly or Asp. In our judgment,
2 O'Connor does not constitute a "prior art" reference because it was published two days after the
filing date of application no. 07/918,588, the application on appeal.
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