Appeal No. 1998-2587
Application No. 08/451,993
comprising a compound within the genus of claim 1. The claims are reproduced
in Appendix I attached to the Appeal Brief.
The examiner relies on the following references:
European Patent Appliation
Terasawa et al. (Terasawa EP) 0 495 432 Jul. 22, 1992
Burger, Medicinal Chemistry, 2d Ed., Interscience, New York, p. 42 (1960)
Mitsui et al. (Mitsui), “Antitumor activity of DX-8951, a new camptothecin
derivative, “ Proceedings 84th Annual Meeting of the American Association for
Cancer Research, Vol. 34, p. 421, (abstract 2510) (1993)
All of the claims stand rejected under 35 U.S.C. § 112, first paragraph, as
non-enabled by the specification.
All of the claims stand rejected under 35 U.S.C. § 102(b) over Terasawa
EP.
Claims 1, 14-20, 25, 28, 37, and 38 stand rejected 35 U.S.C. § 102(b)
over Mitsui.
Claim 25 stands provisionally rejected for obviousness-type double
patenting over claim 1 of copending application 08/501,933.
We reverse all of the rejections.
Background
Appellants’ specification discloses that camptothecin is a pentacyclic
alkaloid compound which is known to have antitumor activity. Page 1.
Camptothecin, however, is too toxic and too water-insoluble to be used
therapeutically. Id. The specification discloses a genus of camptothecin-derived
2
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