Appeal No. 1997-3186
Application 08/362,529
would have found with respect to the bicyclic pyrimidinone “tail” moiety, that the compounds of Kennis
‘451 have and the compounds of Kennis ‘663 can have, inter alia, a sulfur atom in the 2-position of
the bicyclic pyrimidinone “tail” moiety; that the “head” moiety of Kennis ‘451 can contain a bicyclic
indole in the 4-position of the piperidinyl group which falls within the structure “(a-3),” wherein “B” is
“NR8”, in the same position in Kennis ‘255; and that the “head” moiety of Kennis ‘663 contains a
bicyclic structure in the 4-position of the piperidinyl group that fall within the bicyclic structure “(a-2),”
wherein “B is O, S”, in the same position in Kennis ‘255. This person would also have recognized that
the “head” moiety of Kennis ‘451 can also contain in the 4-position of the piperidinyl group, a group of
the formula “-X-Ar,” wherein “X” can be “-C(=O)-” and “Ar” can be “phenyl” (col. 1, line 67, to col.
2, line 6, col. 2, line 37), that is, a benzoyl group, which falls within the structure “(a-1)” in the same
position in Kennis ‘255. Thus, one of ordinary skill in this art would have recognized that the
compounds of Kennis ‘451 and ‘663 which have the same and similar bicyclic pyrimidinone “tail”
moieties, contain “head” moieties having substituents in the 4-position of the piperidinyl group that fall
within the three groups identified by the structures “(a-1),” “(a-2),” and “(a-3)” which are taught in
Kennis ‘255 to provide compounds with the same and similar pharmacological properties (e.g., page
14, lines 11-15), which pharmacological properties are also the same as or similar to the
pharmacological properties taught in Kennis ‘451 and ‘663 (see above note 10).
Therefore, based on this evidence, we are of the opinion that one of ordinary skill in the art
would have had the reasonable expectation from the combined teachings of the applied references that
the modification of the compounds of Kennis ‘451 and ‘663 by using “head” moieties containing
substituents falling within the formulae “(a-1),” “(a-2),” and “(a-3)” taught in Kennis ‘255 in the 4-
position of the piperidinyl group, including a bicyclic 3- benzofuranyl or a bicyclic 3-benzothienyl group
falling within the formula “(a-3),” would result in compounds having the same or similar pharmacological
properties as taught in the references.
In arriving at our conclusion, we are not unmindful of the presence of the ring sulfur attached to
the 2-position of the bicyclic pyrimidinone “tail” moiety of the compounds of Kennis ‘451 and ‘663 and
the presence of a ring nitrogen in the same position in the “tail” moiety of the compounds of Kennis ‘255,
as pointed out by appellants. However, appellants have not established on this record that this difference
- 6 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007