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for publication and is not binding precedent of the Board.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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