Appeal No. 1999-1417
Application 08/268,730
The Schwarzmann reference constitutes relevant prior art in view of its disclosure of
a specific N-acyl-lysoganglioside, compound V. Schwarzmann illustrates the structural
formula of compound V at page 325, and discloses its preparation at page 327.
We agree with the finding below that Schwarzmann’s compound V meets the terms
of “active ingredient” recited in claim 74. That is, compound V is a species within the
generic definition of N-acyl-lysoganglioside active ingredient recited in claim 74.
Nevertheless, Schwarzmann does not suggest the desirability of using compound V in
combination with a pharmaceutically acceptable excipient. Schwarzmann does not
provide adequate reason, suggestion, or motivation for using compound V in a
pharmaceutical composition together with a pharmaceutically acceptable excipient.
On the contrary, we find that Schwarzmann does not disclose using compound V other than
as an intermediate for preparing labeled gangliosides outside the scope of the present
invention. Again, see the reaction scheme illustrated by Schwarzmann,
page 325. For this reason, we conclude that Schwarzmann would not have led a person
having ordinary skill in the art to the pharmaceutical composition recited in claim 74.
The examiner’s decision, rejecting claim 74 under 35 U.S.C. § 103, is reversed.
35 U.S.C. § 112, First Paragraph
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