Appeal No. 2000-0599
Application No. 08/357,363
IV. Claims 30, 48, 59 and 60 under 35 U.S.C. ' 102(e) as anticipated by
Hannah.3
V. Claims 30 and 48 under 35 U.S.C. ' 103 as unpatentable over Pandit, Grose,
Stewart, Greene and Verheyden.
DELIBERATIONS
Our deliberations in this matter have included evaluation and review of the
following materials: (1) the instant specification, including all of the claims on appeal;
(2) appellants= main Brief (Paper No. 51) and the Reply Brief (Paper No. 53); (3) the
examiner=s Answer (Paper No. 52); (4) the above-cited references relied on by the
examiner; and (5) the four declarations filed under the provisions of 37 C.F.R. ' 1.132:
the Jarvest 1 and Harnden declarations, submitted in parent application serial no.
07/085,216 in 1988 and 1990, respectively; the Jarvest 2 declaration, executed
December 17, 1992; and the Jarvest 3 declaration, executed June 3, 1998.
BACKGROUND
As indicated above (n. 2), the present application is descended, through a chain
of continuing applications, from application serial no. 07/085,216, now U.S. Patent No.
5,075,445. We note that patented claim 1 is directed to A[a]n antiviral compound . . .
designated 9-(4-hydroxy-3-hydroxymethylbut-1-yl) guanine,@ also known as penciclovir
or PCV, Aor a pharmaceutically acceptable salt thereof, said compound being in a
substantially pure, crystalline form and having a melting point of about 275E-277E C.@
3 In the Answer, the examiner states that the claims are rejected under ' 102(b),
as anticipated by Hannah, but this appears to be in error, see e.g., Paper No. 37.
4
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