Ex parte DUTTON et al. - Page 6




              Appeal No. 1999-0676                                                                                           
              Application No. 08/465,625                                                                                     



                      Gibson discloses compounds having the formula:                                                         













              where the definitions of variables are set forth in col. 2, line 19 to col. 3, line 4.   Like                  
              appellants’ compounds, Gibson’s compounds also have “particular utility as anthelmintics,                      
              ectoparasiticides, insecticides and acaricides” (col. 1, lines 49-53).  However, Gibson                        
              specifies that the R2 substituent at position 25 must be alpha-branched (col. 2, line 22).                     

              Gibson states that  “[a]lpha-branched means that the carbon atom attached to the 25-ring                       
              position is a secondary carbon atom linked to two further carbon atoms” (col. 2, line 52-55).                  
              Appellants’ compounds differ from Gibson’s compounds in that appellants’ R2 substituent                        

              is linked to the 25-ring position via a methylene group (CH2).   The following pictorial                       
              illustrates the difference:                                                                                    









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