Ex parte KUKLA et al. - Page 4

            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.                                  
                  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                                 


Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007