Appeal No. 1999-1146
Application 08/284,129
claims remaining in the application, stand withdrawn from further consideration by the
examiner as "not directed to the elected species" (Examiner's Answer, page 2,
section (3)).
THE INVENTION
Applicants' invention is said to provide an improved and efficient process for
preparing a known anti-tumor agent, namely, 9-amino camptothecin having Formula (I)
illustrated in the specification, page 3, line 20. A correct copy of claim 1, which is
illustrative of the subject matter on appeal, may be found in the Appendix attached to
applicants' Appeal Brief.
THE REFRENCES
The prior art references relied on by the examiner are:
Giovannella et al. (Giovannella) 5,225,404 Jul. 6, 1993
Sawada et al. (Sawada), "Synthesis and Antitumor Activity of 20(S)-Camptothecin
Derivatives: A-Ring Modified and 7,10-Disubstituted Camptothecins," Chem. Pharm.
Bull. Vol 39 No. 12 pages 3183-3188, (1991)
Ronman et al. (Ronman), "The Preparation of Tritium and Deuterium -Labelled
Camptothecin" Journal of Labelled Compounds and Radiopharmaceuticals, Vol. 18 No.
3 pages 319-330 (1981)
THE REJECTIONS
The appealed claims stand rejected as follows:
(1) Claims 1, 3 through 6, 18, 21, 22, and 24 under 35 U.S.C. § 103(a) as
unpatentable over the combined disclosures of Sawada, Ronman, and Giovannella;
2
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