Appeal No. 2001-0694 Page 2
Application No. 08/908,807
The examiner relies upon the following references:
Bourzat et al. (Bourzat I) 5,476,954 December 19, 1995
Kelly et al. (Kelly) 5,556,878 September 17, 1996
Mas et al. (Mas) 5,677,462 October 14, 1997
Commercon et al. (Commercon I) 5,637,723 June 10, 1997
Commercon et al. (Commercon II) 5,726,318 March 10, 1998
Bourzat et al. (Bourzat II) WO 92/09589 June 11, 1992
Commercon et al., “Improved Protection and Esterification of a Precursor of the
Taxotere and Taxol Side Chains,” Tetrahedron Letters, Vol. 33, No. 36,
pp. 5185-5188 (1992) (Commercon III).
The claims stand rejected under as being rendered obvious by Bourzat II,
Commercon III and Kelly. Claims 17-21 are also subject to a double-patenting
rejection over claims 1-3 of Mas, claim 29 of Commercon I, claims 1 and 2 of
Commercon II and claim 13 of Bourzat I. After careful review of the record on
appeal, we reverse.
BACKGROUND
Taxanes are a promising group of chemotherapeutics currently in various
clinical trials for treating cancers. Taxanes are stereochemically complicated
molecules, having at least 11 stereocenters. According to the Appeal Brief, the
side chain at position 13 is of particular importance, as that side chain is generally
coupled to a baccatin precursor to form the desired taxane derivative. The side
chain has two stereocenters, thus there are four possible isomers, in two
enantiomeric pairs. See Appeal Brief, pages 2-3.
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