Appeal No. 96-0676
Application 07/963,165
The examiner argues, in reliance upon In re Lunsford, 327
F.2d 526, 140 USPQ 425 (CCPA 1964), that ring homologs are
prima
facie obvious when the homologs have the same utility (answer,
page 3, incorporating paper no. 3, mailed March 22, 1993,
pages 7-9).
Lunsford claimed 3-phenyl-3-pyrrolidyl esters having a
recited general formula, and disclosed in his specification
that they are useful as antitussives. See Lunsford, 327 F.2d
at 526,
140 USPQ at 425-26. The primary references disclosed the 4-
piperidinol esters which correspond to the claimed compounds,
and secondary references disclosed the equivalence, in
pharmaceutical compounds, of 4-piperidinols and 3-
pyrrolidinols. See Lunsford, 327 F.2d at 527, 140 USPQ at
426. The examiner also relied upon the homology of
piperidine, a six-membered ring, and pyrrolidine, a five-
membered ring, in his determination that the claimed compounds
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