Ex Parte FOUQUE et al - Page 1




                         The opinion in support of the decision being entered today was not written           
                                for publication and is not binding precedent of the Board.                    
                                                                                 Paper No. 28                 
                       UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                              Ex parte ELIE FOUQUE, and JEAN-MANUEL MAS                                       
                                                __________                                                    
                                           Appeal No. 2001-0971                                               
                                         Application No. 08/256,736                                           
                                                __________                                                    
                                           HEARD:  July 25, 2002                                              
                                                __________                                                    
                Before  WINTERS, SCHEINER, and GREEN, Administrative Patent Judges.                           
                GREEN, 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 1-18.  Claim 1 is representative of the subject matter on           
                appeal, a copy of which can be found in the attached appendix.                                
                      The examiner relies upon the following references:                                      
                      Denis et al. (Denis)             4,924,011          May 08, 1990                        
                Swindell et al. (Swindell) “Biologically Active Taxol Analogues with Deleted                  
                A-Ring Side Chain Substituents and Variable C-2′ Configurations,” J. Med. Chem                
                Vol. 34, pp. 1176-1184 (1991)                                                                 









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