Appeal No. 1996-2537
Application No. 08/102,654
that the non-alkylated DGJ, N-methyl-DGJ, and N-ethyl-DGJ are
inactive for the inhibition of glycolipid biosynthesis,
whereas N-butyl DGJ achieves full inhibition of glycolipid
biosynthesis. Brief, page 3, fourth and fifth paragraphs, and
page 10, lines 5-10. Appellants’ argument is supported by
evidence in the specification, page 18, lines 1-19, and Figure
4B. Thus, variation of the alkyl group attached to the
nitrogen-ring-atom in Legler’s DGJ compound would lead to
compounds having distinctly different properties, contrary to
the expectation of
similar properties based on the examiner’s conclusion of
obviousness.
Accordingly, we reverse the rejection of claim 2 under 35
U.S.C. § 103 as unpatentable over Legler in view of Getman.
IV. NEW GROUND OF REJECTION
Under the provisions of 37 CFR § 1.196(b), we enter the
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