Appeal No. 1996-1080
Application No. 07/869,111
comparison of the alkyl and alkenyl substituents at the 9-
oxime position of the erythromycin derivatives. Declarant has
not stated that the results of the deoximation experiments are
unexpected. In re Geisler, supra.
For the foregoing reasons, we determine that the
preponderance of evidence, based on the totality of the record
including evidence and arguments for and against
patentability, weighs in favor of obviousness within the
meaning of § 103. Accordingly, the rejection of claims 1 and
2 under 35 U.S.C.
§ 103 over Faubl in combination with Watanabe and Kirk-Othmer
is affirmed.
D. Summary
The rejection of claim 3 under 35 U.S.C. § 103 as
unpatentable over Watanabe in combination with Faubl and Kirk-
Othmer is affirmed. The rejection of claims 1 and 2 under 35
U.S.C. § 103 as unpatentable over Faubl in combination with
Watanabe and Kirk-Othmer is affirmed.
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