Appeal No. 1996-1959
Application No. 07/946,546
reactions comprising pyruvate, NeuAc aldolase (sialic acid aldolase) and specific
acceptor substrates. Neither reference teaches that the conventional
stereoselectivity of NeuAc aldolase (sialic acid aldolase) can be “overridden” by
use of specific acceptor substrates, resulting in aldol condensation products
(ketoaldonic acids) with formed stereogenic centers of R configuration. Therefore,
it is not clear how, and the Examiner has not explained how, the combination of
references would lead the ordinary artisan to the claimed methods involving
pyruvate, sialic acid aldolase and specific acceptor substrates. Accordingly, we
reverse the rejection of claims 3-6, 10-14 and 16 over the combination of Schreiner
and Schrell.
In conclusion, we reverse the rejection of claim 6 under 35 U.S.C.
§ 102(b) as anticipated by Schreiner; the rejection of claim 6 under 35 U.S.C.
§ 102(b) as being anticipated by Schrell; and the rejection of claims 3-6, 10-14 and
16 under 35 U.S.C. § 103(a) as unpatentable over Schreiner in combination with
Schrell.
The Examiner’s decision is reversed.
REVERSE
SHERMAN D. WINTERS )
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