Ex Parte BLUME et al - Page 2



             Appeal No. 2002-1093                                                                Page 2                
             Application No. 09/288,691                                                                                
             fluid, is an endogenous substance that regulates meiosis, to which advantageous                           
             hormonal effects are attributed.  Accordingly, this substance is of importance for                        
             pharmaceutical applications, e.g., for promoting fertility.                                               
                    At the time applicants' invention was made, a first synthesis of this natural                      
             substance was known in the art and described by Dolle et al. (J. Am. Chem. Soc., 1989,                    
             III: 278).  In that synthesis, FF-MAS is obtained in 18 steps at great cost, starting from                
             ergosterol (specification, paragraph bridging pages 1 and 2).                                             
                    Another synthesis of FF-MAS, starting from dehydrocholesterol and carried out                      
             in 13 steps, was described by Schroepfer et al. (Bioorg. Med. Chem. Lett., 1997, 8:                       
             233) (specification, page 2, first full paragraph).                                                       
                    Applicants have developed new processes for the synthesis of FF-MAS.  As                           
             stated in the specification, page 2, last paragraph:                                                      
                           By the two processes according to the invention, considerably                               
                    fewer intermediate steps take place than within the known syntheses [sic]                          
                    of Dolle et al.  The number of purification steps is considerably lower, and                       
                    no technically complex devices, such as an ozone generator with the                                
                    facilities that are necessary for its operation, are required.                                     
             Applicants' "process variant 1" is described at length in the specification, pages 3                      
             through 13; and illustrated in diagram 1 at page 11.  Likewise, "process variant 2" is                    
             described in the specification, pages 13 and 14; and illustrated in diagram 2 at page 14.                 
             Additionally, "process variant 1" is the subject of example 2 (specification, pages 22                    
             through 26); and "process variant 2" is the subject of example 1 (specification, pages                    
             15 through 21).                                                                                           
                    This application contains allowed claims.  Claim 1 recites a multi-step process for                
             preparing FF-MAS, including all of the steps illustrated in diagram 1 (specification, page                





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