Ex Parte HOEGER 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                                  for publication and is not binding precedent of the Board.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. 14                    
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                    __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                      
                                            AND INTERFERENCES                                                         
                                                    __________                                                        
                                 Ex parte CARL A. HOEGER, JEAN E. F. RIVIER,                                          
                                  PAULA G. THEOBALD, and JOHN S. PORTER                                               
                                                    __________                                                        
                                               Appeal No. 2001-1218                                                   
                                             Application No. 08/727,798                                               
                                                    __________                                                        
                                                     ON BRIEF                                                         
                                                    __________                                                        
                 Before WINTERS, GRIMES, 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 19-27.  Claims 19 and 22 are representative of the                         
                 subject matter on appeal, and read as follows:                                                       
                 19. A peptide intermediate for making a GnRH antagonist peptide which                                
                 intermediate has the formula: Ac-AA1-(4Cl)D-Phe-AA3-Ser(X3)-aminoPhe(Xa)-D-                          
                 aminoPhe(Xa)-Leu-Lys(Ipr,X6)-Pro-D-Ala-NH-resin support, wherein AA1 is β-D-                         
                 NAL, (A)D-Phe or (B)D-Trp; A is H, 4Cl, 4F, 4NO2, 4CH3, 4OCH3, CaMe/4Cl,  2,                         
                 4 Cl2 or 4Br; B is H, 6NO2, 6NH2, 6OCH3, 6F, 6Cl, 6Br, 6CH3, 1Acetyl or                              
                 1Formyl; AA3 is D-PAL, β-D-NAL or (B)D-Trp, X3 is hydrogen or a protecting                           
                 group for a hydroxyl group of Ser; Xa is a protecting group for a side chain                         
                 primary amino group which protecting group is base-labile, hydrazine-labile or                       
                 thio-labile; and X6 is benzylcarbonyl or 2-chlorobenzyloxycarbonyl.                                  






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