Appeal No. 2003-0855 Page 2
Application No. 09/147,675
mixture of compounds of formula I
wherein R1 is 3-8C-cycloalkyl and R2 is 1-7C-alkylcarbonyl or 3-8C-cycloalkylcarbonyl,
which comprises subjecting the R/S-epimer mixture of the compounds of formula I to
fractional crystallization carried out from a solution of the R/S-epimer mixture of formula
I in a mixture of water and a suitable, water-miscible organic solvent (emphasis added).
The Prior Art Reference
In the Examiner's Answer (Paper No. 28), the examiner cites and relies on a
single prior art reference:
Jakupovic et al. (Jakupovic)
(European Patent Application) 0 262 108 A1 Mar. 30, 1988
The Issue
In the Final Rejection (Paper No. 16), the examiner maintained these rejections:
(1) claims 3 through 19 under 35 U.S.C. § 103(a) as unpatentable over the combined
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