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for publication and is not binding precedent of the Board.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. 49
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte DAVID PORUBEK,
ANIL M. KUMAR, and
CHARLES R. BREDL
___________
Appeal No. 2001-1101
Application No. 08/932,834
__________
ON BRIEF
__________
Before WINTERS, WILLIAM F. SMITH, and GREEN, Administrative Patent Judges.
WINTERS, Administrative Patent Judge.
DECISION ON APPEAL
This appeal was taken from the examiner's decision rejecting claims 1, 2, 4, 6, 7,
9, 10, 12 through 16, 18 through 21, and 23 through 27, which are all of the claims
remaining in the application.
The Invention
The invention relates to compounds that form the hydroxy-substituted zanthine,
lisofylline, in vivo. These compounds, or prodrugs, are said to possess a primary,
characteristic benefit, viz., selective enantiomeric stability coupled with varying
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