Appeal No. 2003-0890 Page 3
Application No. 09/706,683
The references relied upon by the examiner are:
Abou-Gharbia et al. (Abou-Gharbia) 5,254,552 Oct. 19, 1993
Cliffe 5,420,278 May 30, 1995
Claims 1, 2, 16, and 27 through 30 stand rejected under 35 U.S.C. § 112, first
paragraph (enablement). Claims 1 through 3 stand rejected under 35 U.S.C. § 103(a).
As evidence of obviousness, the examiner relies upon Abou-Gharbia and Cliffe. We
reverse the enablement rejection and affirm the obviousness rejection.
Background
As seen from claims 1 and 16, the claimed invention is directed to a family of
compounds having a specified formula and their use in treating stroke victims. The
claimed compounds are stated to have activity as serotonin 5-HT1A agonists, partial
agonists and antagonists. Specification, page 3.
In regard to making the compounds set forth in claim 1 on appeal, appellants
state "[t]he compound of formula I can be prepared by conventional chemical methods
which are well known to those skilled in the art of chemistry using chemicals that are
either commercially available or readily prepared following standard literature
procedures." Specification, page 8.
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