Appeal No. 1997-1390
Application 08/443,616
As stated in In re Wood, 582 F.2d at 641, 199 USPQ at 139,
In view of the close structural similarity between the
claimed compounds and Mitsuda compound III, and the fact
that the latter is disclosed as possessing antimicrobial activity,
we believe that one skilled in the art would have been, prima
facie, motivated to make the claimed compounds in the
expectation that they, too, would possess antimicrobial activity.
[citations omitted]
We believe that the same reasoning applies to the facts before us, and that Cai does, in
fact, provide the requisite “motivation” to sustain a rejection under 35 U.S.C.
§ 103.
The examiner's decision is affirmed.
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