Appeal No. 2001-2643 Page 7
Application No. 08/117,363
1A. Matteucci describes this compound as “a 5-deoxy, 5’-amino, 3’-protected
nucleoside, which can be selected from a range of known compounds.” Page
28, lines 8-10.
The instant application claims priority through a series of continuations-in-
part, to application 07/566,977 (filed August 13, 1990). Matteucci was published
April 2, 1992. In disputing the examiner’s rejections, however, Appellants have
not argued that Matteucci is not prior art with respect to the instant claims. Thus,
Matteucci seems to indicate that the compound of at least claim 16 was known in
the art prior to its effective filing date. Upon return of this application, the
examiner should consider whether Matteucci’s disclosure anticipates or renders
obvious claim 16 or the claims dependent thereon.
2. Inventorship
A petition was filed under 37 CFR 1.48(a) to correct the inventorship of the
instant application by adding Charles J. Guinosso to the named inventors. See
Paper No. 29, filed January 7, 1998. The examiner indicated that the petition
had been granted and that “[t]he new inventor, Charles J. Guinosso, will be
added to the file label immediately following the mailing of [Paper No. 31].” See
Paper No. 31, mailed April 2, 1998.
The inventorship has not yet been changed on the face of the file or in the
USPTO’s computer database. Upon return of this application, the examiner
should ensure that its inventorship accurately reflects the change requested in
the granted petition.
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