Ex Parte JARVEST et al - Page 2




                                                      __________                                                          

              Before WILLIAM F. SMITH, SCHEINER and ADAMS, Administrative Patent Judges.                                  
              SCHEINER, Administrative Patent Judge.                                                                      


                                                DECISION ON APPEAL                                                        
                     This is a decision on appeal under 35 U.S.C. ' 134 from the examiner=s final                         
              rejection of claims 30, 32, 33, 45, 46, 48 and 59-61.  Claims 49, 51, 57 and 58, also                       
              pending in the application, have been allowed by the examiner.  The claims on appeal                        
              read as follows:                                                                                            
                     30.  9-(4-hydroxy-3-hydroxymethylbut-1-yl) guanine having a purity of greater                        
              than 95% by weight.                                                                                         
                     32.  9-(4-hydroxy-3-hydroxymethylbut-1-yl) guanine having an ultraviolet                             
              spectroscopic molar extinction coefficient (ε) of about 11,500 in water at a λmax of about                  
              253 nm.                                                                                                     
                     33.  9-(4-hydroxy-3-hydroxymethylbut-1-yl) guanine having an 1H-NMR spectrum                         
              of dH [(CD3)2SO] 1.3-1.5 (3H, m, CHCH2CH2), 3.42 (4H, d, J 5Hz, 2x CH2O), 3.99 (2H, t,                      
              J 7Hz, CH2N), 4.41 (2H, br, D2O exchangeable, 2x OH), 6.44 (2H, s, D2O                                      
              exchangeable, 2-NH2), 7.71 (1H, s, 8-H), and 10.55 (1H, br, D2O exchangeable, 1-H),                         
              and having substantially no detectable signal in the δ7.1-7.4 region of the 1H-NMR                          
              spectrum.                                                                                                   
                     45.  9-(4-hydroxy-3-hydroxymethylbut-1-yl) guanine in substantially pure form.                       
                     46.  The sodium salt of 9-(4-hydroxy-3-hydroxymethylbut-1-yl) guanine, said salt                     
              being in substantially pure form.                                                                           
                     48.  9-(4-hydroxy-3-hydroxymethylbut-1-yl) guanine having a purity of greater                        
              than 90% by weight.                                                                                         
                     59.  9-(4-hydroxy-3-hydroxymethylbut-1-yl) guanine, in crystalline form, having a                    
              purity of greater than 90% by weight.                                                                       


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