Appeal No. 2001-1164 Page 3
Application No. 08/293,745
Antitumor Plant Alkaloids, on HeLaCells" (1980)
Fuska, Chemical Abstract No. 104CA:84939q, "Microbial Transformations of Neoplasm
Inhibitors Isolated from Higher Plants" (1986)
Shiraishi et al. (Shiraishi), "Effect of Bisbenzyl-isoquinoline (Biscoclaurine) Alkaloids on
Multidrug Resistance in KB Human Cancer Cells," Cancer Research, Vol. 47, pp. 2413-
2416 (1987)
Kawashima et al. (Kawashima), "Structure and Hypotensive Activity Relationships of
Tetrandrine Derivatives in Stroke-Prone Spontaneously Hypertensive Rats," Gen.
Pharmacy, Vol. 21, No. 3, pp. 343-347 (1990)
Merck Index, 10th ed., Abstract Nos. 9056 and 2136, pages 1321 and 304-305
(Windholz et al. (Windholz) ed., Merck & Co., Rahway, NJ (1985))
The Rejection
Claims 66 through 83, 89 through 99, and 105 through 156 stand rejected under
35 U.S.C. § 103 as unpatentable over the combined disclosures of the Merck Index,
Kawashima, Kuroda, Fuska, Liao, the acknowledged state of the prior art, Shiraishi, and
Kato.
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) applicant's amended Brief (Paper No. 44) and the Reply Brief (Paper No. 46);
(3) the Examiner's Answer (Paper No. 45) and the communication mailed by the
examiner October 12, 2000 (Paper No. 47); (4) the above-cited prior art references;
(5) the DECLARATION OF DARYL BARNETT, executed August 19, 1994; (6) the
SECOND DECLARATION OF DARYL BARNETT, executed October 14, 1995; (7) the
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