Appeal No. 2001-1218 Page 2
Application No. 08/727,798
22. A peptide intermediate for making a GnRH antagonist peptide which
intermediate has the formula: Ac-AA1-(A)D-Phe-AA3-Ser(X3)-AA5(Xa)-D-AA6(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; AA5 is Lys, aminoPhe, Orn, Dbu, or Dpr; D-AA6 IS D-Lys,
D- aminoPhe, D-Orn, D-Dbu or D-Dpr; 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.
The examiner relies upon the following references:
Rivier et al. (Rivier) 4,569,927 Feb. 11, 1986
Folkers et al. (Folkers) 4,935,491 Jun. 19, 1990
Hoeger et al. 5,169,932 Dec. 08, 1992
Hoeger et al. 5,296,468 Mar. 22, 1994
Webb et al. (Webb) EP 0,057,564 Aug. 11, 1982
(European Patent)
Claims 19-27 stand rejected under the judicially created doctrine of
obviousness-type double patenting as being unpatentable over claims 1-3 and
5-25 of U.S. Patent No. 5,296,468 (the ’468 patent) and claims 1-7 of U.S.
Patent No. 5,169,932 (the ’932 patent). Claim 22 stands rejected under
35 U.S.C. § 102(b) as being anticipated by Folkers. Claims 19-20 and 22 stand
rejected under 35 U.S.C. § 103 as obvious over the combination of Rivier and
Folkers, and claims 21 and 23-27 stand rejected under 35 U.S.C. § 103(a) as
being rendered obvious by the above combination as further combined with
Webb. After careful review of the record and consideration of the issues before
us, we reverse all of the rejections of record.
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007