Appeal No. 96-0676
Application 07/963,165
Huebner 3,759,927 Sep. 18,
1973
Richard A. Glennon, “Central Serotonin Receptors as Targets
for Drug Research”, 30 J. Med. Chem. 1-12 (Jan. 1987).
THE REJECTIONS
The claims stand rejected as follows: claims 1-3 and 6-10
under 35 U.S.C. § 112, first paragraph, on the ground that
appellants’ specification fails to provide an adequate
teaching of how to use the claimed compound; claims 1, 6 and 9
under 35 U.S.C. § 112, second paragraph, as being indefinite
for failing to particularly point out and distinctly claim the
subject matter which appellants regard as their invention; and
claims 1-9 under 35 U.S.C. § 103 as being obvious over
Huebner.
OPINION
We have carefully considered all of the arguments
advanced by appellants and the examiner and agree with
page 2; second supplemental reply brief, pages 1-2), and the
examiner states that none of these references has been applied
in any rejection (supplemental answer (paper no. 25, mailed
July 17, 1995), page 2; supplemental answer (paper no. 29,
mailed April 29, 1997, page 2). Consequently, these
references are not before us for consideration.
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