Appeal No. 1996-2321
Application No. 08/137,228
37, entered as noted on page 2 of the Answer). Claim 13 is 1
the only other claim remaining in this application and has
been allowed by the examiner (Answer, page 1).
According to appellants, the invention is directed to a
process for preparing an N-alkylated pyrido [4,3-b] indole of
formula (I) by reacting the pyrido [4,3-b] indole of formula
(II) with an alcohol of formula (III) in the presence of an
acid at an elevated temperature (Brief, pages 2-3). Claim 12
is illustrative of the subject matter on appeal and a copy of
this claim is attached as an Appendix to this decision.
The examiner has relied upon the following reference as
evidence of obviousness:
Challis et al. (Challis), The Chemistry of Amides, pp. 753-54
and 848, Interscience Publishers, 1970.2
Appellants rely upon the following reference in rebuttal
to the examiner’s evidence of obviousness (Brief, page 7):
Bredereck et al. (Bredereck), Chem. Ber., 92, 329 (1959).
1All reference to the examiner’s Answer will be to the
Answer dated Jan. 6, 2000, Paper No. 45.
2The Answer refers to only pages 753-754 of Challis (see
page 2) but the Challis reference of record contains pages
753, 754 and 848.
2
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