Mueller et al. 5,347,005 Sep. 13, 1994
(Mueller)
Temple et al. (Temple), “Reversal of Methotrexate Toxicity in Mice by a Calcium Salt of
Citrovorum Factor and Related Compounds,” Cancer Treatment Reports, Vol. 65, Nos.
11-12, pp 1117-1119, Nov./Dec. 1981.
Merck Index, Entry 4111, 10th ed., p. 603, 1983.
Rees et al. (Rees) “Asymmetric Reduction of Dihydrofolate Using Dihydrofolate
Reductase and Chiral Boron-Containing Compounds,” Tetrahedron, Vol. 42, No. 1, pp.
117-136, 1986.
THE REJECTIONS
Claim 7 stand rejected under 35 U.S.C. § 103 as being unpatentable over Rees
alone or in view of Merck.
Claim 7 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Temple alone or in view of Merck.
OPINION
We have carefully considered all of the arguments advanced by appellants and
the examiner and agree with appellants that the aforementioned rejections under 35
U.S.C.
§ 103 are not well founded. Accordingly, we do not sustain the examiner's
rejections.
The Rejection under § 103
Assuming arguendo that it would have been prima facie obvious for one of
ordinary skill in the art to prepare appellants’ claimed subject matter, it is necessary
for us to consider appellants’ rebuttal evidence. Appellants urge that they have
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