Ex parte MUELLER et al. - Page 1




                                 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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