Appeal No. 1998-2334
Application No. 08/348,385
full paragraph on page 2 of the reply brief which reads as
follows:
U.S. Patent 5,354,511 produces a compound analogous
to C by a method involving an organic transformation
reaction followed by an alkylation. The closest
that the ‘511 patent comes to the present invention
is an intermediate step shown bridging columns 5 and
6 where the patentee uses a nucleophilic reagent of
the formula D-Z(i.e. NaSH) in the presence of an
aprotic solvent(i.e. DMF), but they do not produce a
compound according to the formula C of this
invention because under no circumstances do the A/D
linkages of this invention form a compound having H N
2
and SH linkages as shown by the ‘511 patent at
column 5-6. In order to attain a compound according
to formula C of this invention with the proper A/D
linkages, the patentee must then react their
intermediate with CH I (see the bottom of column 6).
3
Applicant’s method does not react an intermediate
with CH I.
3
We do not consider the appellants’ position to be well
taken for a number of reasons. In the first place, as
correctly noted by the examiner in the answer, the appealed
claim 1 term, “comprising” permits the inclusion of other
steps in the appellants’ claimed method. In re Baxter, 656
F.2d 679, 686, 210 USPQ 795, 802 (CCPA 1981). In addition, we
perceive no recitation in appealed claim 1, and the appellants
point to none, which excludes from the here claimed method the
reaction disclosed by Wu at the bottom of column 6 between
patentee’s intermediate and CH I. On the other hand, pages
3
3
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