Appeal No. 1996-2419
Application No. 08/282,129
are "interchangeable" hydroxy protecting groups. See the
Examiner's Answer, paragraph bridging pages 3 and 4. The
argument lacks merit.
First, the examiner relies on pages 10 through 12 of
Greene. Those pages, as well as page 13 furnished by the
applicants, provide no textual description whatsoever.
Rather, pages 10 through 13 form part of Greene's Table of
Contents and list a large number of hydroxy protecting groups
for use in organic
synthesis. Given only the information imparted by Greene, a
person having ordinary skill in the art would not have
considered triethylsilyl and applicants' CH R groups2 1
"interchangeable" for the purposes described by Holton in
column 11, lines 60 through 68. In this regard, Holton
discloses that triethylsilyl attached at the 7-position of the
taxane molecule is "then hydrolyzed under mild conditions so
as not to disturb the ester linkage or the taxane
substituents" (Holton, column 11, lines 65 through 68). In
our judgment, given the limited quantum of information
imparted by Greene, a person having ordinary skill would not
have recognized that triethylsilyl and applicants' CH R groups2 1
-8-
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