Appeal No. 1997-2184
Application 08/278,441
THE REJECTIONS UNDER 35 U.S.C. § 103
We shall reverse each of the examiner's stated reasons
for finding appellants' claimed invention to be unpatentable
under 35 U.S.C. § 103. We find no reference relied on would
have fairly suggested appellants' claimed group of indene-1-
acetamides and we find no reference on which the examiner has
relied would have suggested that appellants' compounds would
have been expected to exhibit sPLA inhibition.
2
We presume the examiner's characterization of the "prior
art" as disclosing "a generic group of benzylidene substituted
indane compounds" is a reference to the "prior art" on which
he relies and while we agree with the examiner's
characterization of that "prior art" as disclosing "a generic
group of benzylidene substituted indane compounds", we find no
evidence in any of Girard, Shen '902 or Shen '852 of
appellants' particularly substituted indene-1-acetamides.
Specifically, and contrary to the examiner's conclusion, none
of the cited prior art discloses at the positions bearing
appellants' R or R of the indene moiety an "acidic group"6 7
attached to the indene moiety by a linking group. Rather,
each of the prior art references discloses a "carboxy"
9
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