Appeal No. 2001-2138
Application No. 08/403,276
left column, last paragraph (see also the chemical scheme on the last page); Bertin at col.
2, ll.49-57.)
RUSII
16. RUSII concerns 11-hydroxy derivatives of the compounds disclosed
by RUSI. These are compounds having the same structure as those of RUS1, with a
hydroxy (SOH) group attached to the CSring at the 11-position. (RUSII at 1, left column,
lower chemical structure.)
The examiner’s rationale
17. In the examiner’s words, “[b]oth references teach 20-($-N,N-
dimethylaminoethyl)amino-19-nor-1,3,5(10)-pregnatrienes having either a hydroxy or an
acyl group in the 3-position. (Answer at 3.)
18. The examiner finds that Appellants’ claimed subject matter differs
from the teachings of the reference by “having a different stereochemistry at the 8, 9, 13
and 14 positions.” (Id. at 4.)
19. The examiner then observes that “the claimed compounds are
stereoisomers of the compounds taught by the references.” (Id.)
20. The examiner concludes that “[i]n the absence of unobvious results, a
single isomer of a compound would be obvious to one having ordinary skill in the art.” (Id.)
- 8 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007