Appeal No. 2001-0694 Page 8
Application No. 08/908,807
may have been part of the diastereomeric mixture of Kelly, the quoted statement
creates an ambiguity in the record that the examiner may want to address.
CONCLUSION
Because the rejections of record, both the obviousness-type double
patenting rejection and the rejection under 35 U.S.C. ' 103, failed to set forth a
prima facie case of obviousness, they are reversed. Upon receipt of the
application, however, the examiner may want to consider the novelty of the claimed
compounds in view of the disclosure of Kelly.
REVERSED
William F Smith )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Eric Grimes )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Lora M. Green )
Administrative Patent Judge )
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