Appeal No. 1996-2419
Application No. 08/282,129
applicants' CH R groups attached at the 7-position of formula21
(I) in claim 1.
The examiner's rejection under 35 U.S.C. § 102(b) is
reversed.
35 U.S.C. § 103
In setting forth the rejection of claims 1 through 4, 6,
8, 10, 11, and 20 through 23 under 35 U.S.C. § 103, the
examiner begins with intermediate compounds 6 disclosed by
Holton,
column 12, lines 20 through 38 where the C-7 hydroxyl group is
protected with triethylsilyl (see Holton, column 11, lines 60
through 68). According to the examiner, Greene discloses the
art-recognized equivalence of triethylsilyl and various CH R2 1
groups attached at the 7-position of formula (I) in claim 1.
The examiner argues that it would have been prima facie
obvious "to modify the compound of Holton by replacing the
prior art triethylsilyl group with the instant - CH R group as2 1
taught by Greene et al. to form the claimed invention" because
the art recognized, at the time applicants' invention was
made, that triethylsilyl and the aforementioned CH R groups2 1
-7-
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