Appeal No. 1999-1437
Application No. 08/732,065
The appealed claim reads as follows:
1
38 . An isolated individual enantiomeric isomer of the formula (S)-2-(2-
methylpropyl)-1,4-butanedioic acid, 4-(1,1-dimethylethyl)ester.
The reference relied upon by the examiner is:
Handa 4,996,358 Feb. 26, 1991
Ground of Rejection
Claim 38 stands rejected under 35 U.S.C. § 103. As evidence of obviousness, the
examiner relies on Handa.
We reverse for reasons set forth herein.
Discussion
In reaching our decision in this appeal, we have given careful consideration to the
appellants' specification and claims and to the respective positions articulated by the
appellants and the examiner. We make reference to the Examiner's Answer of September
4, 1998 (Paper No. 17) for the examiner's reasoning in support of the rejections and to the
appellants' Appeal Brief, filed May 14, 1998 (Paper No. 15), and Reply Brief, filed
November 9, 1998 (Paper No. 18), for the appellants' arguments thereagainst.
Background
1Claim 38 was amended in a Response filed December 29, 1997 (Paper No. 11) which the
examiner indicated would be entered (Paper No. 12) upon the filing of a Notice of Appeal. That amendment
has not been officially entered into the record of the application.
2
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