Ex parte FLAUGH - Page 9




                  Appeal No. 1997-1954                                                                                                                    
                  Application 08/154,903                                                                                                                  

                           The remaining claims, claims 6 and 8 through 17, should be separately considered                                               
                  by the examiner in light of the disclosures of Short and Frohn.  These claims require                                                   
                  specific melatonin analogs. The examiner should consider the remaining melatonin                                                        
                  analogs described by Frohn and determine whether they fall within the scope of the                                                      
                  remaining claims.                                                                                                                       
                                                      REVERSED; REMANDED                                                                                  





                                                                                                   )                                                      
                                             Sherman D. Winters                                    )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             William F. Smith                                      )                                                      
                                             Administrative Patent Judge                           )   APPEALS AND                                        
                                                                                                   )                                                      
                                                                                                   ) INTERFERENCES                                        
                                                                                                   )                                                      
                                             Fred E. McKelvey, Senior                              )                                                      
                                             Administrative Patent Judge                           )                                                      





                  WFS/cam                                                                                                                                 





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