Appeal No. 1998-2588
Application No. 08/673,702
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of claims
1 through 19. Claims 20 through 23, while still pending in the application, have been
withdrawn from consideration by the examiner as directed to non-elected subject matter.
Claims 1, 2, 11 and 18 are representative of the subject matter on appeal and are
reproduced in Appendix I, accompanying this opinion.
The examiner relies on the following reference:
Cameron et al. (Cameron) WO 95/10513 Apr. 20, 1995
Claims 1 through 19 stand rejected under 35 U.S.C. § 103 as unpatentable over
Cameron. We reverse the examiner’s rejection.
DISCUSSION
Claims 1 through 10 are directed to benzothiophene compounds of Formula I with a
carbonyl linking group at the 3-position, followed by a phenyl group, a trans-ethylene or
ethyl group (moiety R ), another carbonyl group, and finally R , where R is hydroxy, C -C3 4 4 1 4
alkoxy, or -N(R ) ; claims 11 through 17 are directed to methods of “alleviating a symptom
5 2
of post-menopausal syndrome,” (including cardiovascular disease and osteoporosis) by
administering the compounds of Formula I. Finally, claims 18 and 19, according to the
specification, represent intermediate formylbenzoyl compounds useful for preparing the
pharmaceutically active compounds of Formula I (specification, page 6, lines 22-28, and
page 7, lines 16-20.
2
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007