Appeal No. 1997-0100
Application 08/167,051
NEW GROUND OF REJECTION UNDER 37 CFR § 1.196(b)
While we have reversed the examiner’s rejection of all the pending claims under 35
U.S.C. § 103, that is not to say that claim 42 is patentable over the references of record.
Under the provisions of 37 CFR § 1.196(b), we enter the following new rejection:
Claim 42 is rejected under 35 U.S.C. § 102(b) as anticipated by Hock.
Claim 42 is considerably broader than any of the other claims on appeal in that the
alternatives for the residue at position eight of the Bradykinin antagonist (position I in the
claim) include Oic and Tic, in addition to hydroxyproline ethers and thioalkyl ethers. Hock
discloses a bradykinin inhibitor with a formula corresponding to that of the claimed inhibitor
at each position. See Hoe 140, Figure 1.
TIME PERIOD FOR RESPONSE
This opinion contains a new ground of rejection pursuant to 37 CFR § 1.196 (b)
(amended effective Dec. 1, 1997, by final rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct.
10, 1997) 1203 Off. Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)). 37 CFR §
1.196 (b) provides that, “A new ground of rejection shall not be considered final for
purposes of judicial review.”
37 CFR § 1.196 (b) also provides that the appellant, WITHIN TWO MONTHS FROM
THE DATE OF THE DECISION, must exercise one of the following two options with
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