Ex parte DEROSCH et al. - Page 2




              Appeal No. 1997-2743                                                                                            
              Application No. 08/442,252                                                                                      
                      Claims 1, 7, 8 and 17 are representative of the subject matter on appeal and read                       
              as follows:                                                                                                     
                      1.  A radiopharmaceutical kit comprising:                                                               
                      at least one ligand capable of bonding to a radioisotope during                                         
              radiopharmaceutical solution formulation, wherein said ligand is selected from the group                        
              consisting of phosphines, arsines, thiols, thioethers, and isonitriles; and                                     
                      a cyclic oligosaccharide as a stabilizing compound in an amount suitable to inhibit                     
              oxidation and/or volatilization of the ligand.                                                                  
                      7.  A radiopharmaceutical kit according to claim 1, wherein said cyclic                                 
              oligosaccharide is a modified or unmodified cyclodextrin.                                                       
                      8.  A radiopharmaceutical kit according to claim 7, wherein said modified or                            
              unmodified cyclodextrin is selected from the group consisting of "-cyclodextrin,           $-                   
              cyclodextrin, and (-cyclodextrin.                                                                               
                      17.  A radiopharmaceutical kit according to claim 1, wherein said radioisotope is                       
              technetium or rhenium.                                                                                          
                      The references relied on by the examiner are:                                                           
              Feld et al. (Feld)                   4,714,605                            Dec. 22, 1987                         
              Pitha                                4,727,064                            Feb. 23, 1988                         
              Deutsch                              5,002,754                            Mar. 26, 1991                         
              Woulfe et al. (Woulfe)               5,112,595                            May 12, 1992                          

                      The claims stand rejected under 35 U.S.C. § 103 as follows:                                             
              I.  Claims 1, 3 through 8 and 15 through 18 as unpatentable over Feld, Deutsch and                              
              Woulfe.                                                                                                         
              II.  Claims 9 through 12 as unpatentable over Feld, Deutsch, Woulfe and Pitha.                                  

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