THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the examiner’s refusal to allow
claim 7 which is the sole claim in the application.
BACKGROUND OF THE INVENTION
The diastereomers of folinic acid are known as Leucovorin, or 5-
formyltetrahydrofolate. Folinic acid is also designated as N-(5-formyl-(6R,S)-5, 6, 7,
8-tetrahydro-pteroyl)-L-glutamic acid). Calcium Leukovorin is known as an antidote to
folic acid antagonists and is used in cancer treatment. In contrast, the claimed subject
matter is distinguishable from the art of record in that it is directed to a compound
which is a sodium salt of (6S)-folinic acid having a purity of at least 95%.
THE CLAIM
Claim 7 is illustrative of appellants’ invention and is reproduced below.
7. A sodium salt of (6S)-folinic acid having a purity of at least 95%.
THE REFERENCES OF RECORD
As evidence of obviousness, the examiner relies upon the following references.
Wood et al. 4,959,472 Sep. 25, 1990
(Wood)
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