Appeal No. 1997-1826
Application No. 08/304,951
made.”). The reference, as a whole, clearly teaches
unsubstituted amino substituents, the examples show equivalent
substituents in the 9-position, and therefore 9-amino
tetrahydro-1,4-benzodiazepines would have been well within the
ordinary skill in the art at the time of appellants’
invention.
Appellants’ similar argument that Carabateas does not
disclose any examples where there is amino substitution at the
9-position of the benzene ring is also not persuasive (Brief,
pages 5-6). As discussed above, a reference must be
considered as a whole, not just for the teachings of the
examples. See Widmer, supra. Furthermore, Carabateas does
disclose substituents at the 9-position of the benzene ring
that are taught as equivalents to the amino group (e.g.,
halogen substituents, see col. 1, ll. 60-64, and Table C in
col. 8, compounds 7M and 7N). Accordingly,
1,4-benzodiazepine derivatives with a 9-amino substituent
would have been well within the ordinary skill in the art in
view of the disclosure and teachings of Carabateas.
Appellants’ argument that Carabateas does not teach or
suggest appellants’ utility and thus there is no motivation
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