Appeal No. 1996-2419
Application No. 08/282,129
hydrolyze under mild conditions in the manner disclosed by
Holton. Rather, this rejection relies on the impermissible
use of hindsight by selecting applicants' CH R groups from a2 1
long list in Greene's Table of Contents, and equating those
groups with triethylsilyl, using applicants' specification as
a blueprint or guide.
Second, as pointed out in the Appeal Brief, page 6, it is
well known that not all hydroxy protecting groups are
"interchangeable." With respect to the chemistry of TaxolŽ
and related taxoids, the most commonly used protecting groups
are triethylsilyl, 2,2,2-trichloroethyloxycarbonyl (Troc) and
acetate groups, which can be removed under mild conditions.
Even with
those groups, however, care must be exercised during the
removal. See APPENDIX V attached to the Appeal Brief, page
297, last full paragraph. In light of applicants' argument in
the Appeal Brief, page 6, supported by the teaching in
APPENDIX V, page 297, we believe that the preponderance of
evidence rebuts the examiner's position. The examiner's
position to the contrary, notwithstanding, the preponderance
of evidence indicates that triethylsilyl and applicants' CH R2 1
-9-
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