Appeal No. 1997-1826
Application No. 08/304,951
the examiner concludes that Carabateas as a whole fairly
suggests the compounds recited in claim 14 on appeal for his
disclosed utility as antagonists of analgesic agents (Answer,
paragraph bridging pages 2-3, citing Carabateas, col. 2, ll.
1-3).
Appellants argue that Carabateas fails to disclose any
specific compounds that have primary amino substituents
anywhere on the benzene ring (Brief, pages 5-6). Furthermore,
appellants argue that the alkylamino substituents disclosed by
Carabateas are not in the 9-position (id.). Appellants submit
that the Carabateas disclosure of “amino” along with eleven
other substituents, taught for any of the 6, 7, 8, or 9-
positions, does not teach or suggest appellants’ specific
selection of primary amino at the 9-position (id.). Finally,
appellants argue that there is no motivation from Carabateas
to insert a primary amino group at the 9-position unlike
appellants’ compounds which must have a primary amino group at
the 9-position to be useful as an intermediate in the
preparation of the TIBO compounds of Formula (I)(Brief, pages
7-9).
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