Appeal No. 1996-3326
Application No. 08/063,067
Ayling et al. (Ayling) 84/04040 Oct. 25,
1984
(Published International Application)
Rees et al. (Rees), Chemical Abstracts, 110:112347q (1989)
Kwon et al. (Kwon), “Reduced Biopterin as a Cofactor in the2
Generation of Nitrogen Oxides by Murine Macrophages,” J. Biol.
Chem., Vol. 264, No. 34, pp. 20496-20501 (Dec. 5, 1989).
Salvemini et al. (Salvemini), Chemical Abstracts, 115:204139e3
(1991).
Claims 1 through 12 stand rejected under 35 U.S.C. § 103
as unpatentable over Rees, Salvemini and Kwon in view of
Ayling, Spada, Nichol and Austel (Answer, page 4). We 4
reverse this rejection for reasons which follow.
2The examiner, on page 2 of the Answer, lists the abstract
of this article as part of the prior art of record relied upon
in the rejection (“111CA:230525q”) but subsequently employs
the full article as a basis for the § 103 rejection (see the
Supplemental Answer dated Mar. 1, 1995, Paper No. 35).
3This reference is listed as prior art on page 2 of the
Answer under the name “Salverini” while recited as “Salvemin”
in the rejections on pages 3 and 4 of the Answer. For
purposes of this decision, we refer to and cite this reference
under the name recited in Chemical Abstracts, i.e., Salvemini.
4The final rejections of claims 1-12 under the first
paragraph of 35 U.S.C. § 112 and claims 1-12 under 35 U.S.C.
§ 102(b) as anticipated by Rees or Salvemini or Kwon or Spada
or Nichol or Austel have been withdrawn by the examiner on
page 1 of the Supplemental Answer dated Mar. 1, 1995, Paper
No. 35 (see also the Answer, pages 1-2).
3
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