Ex Parte BARE et al - Page 3




                Appeal No. 2003-0914                                                                                  3                 
                Application No. 09/192,713                                                                                              

                        wherein:                                                                                                        

                                R3 is selected from CF3, COOH, (C1-C6)alkylCOOH, (C1-C6) alkyl and (C1-                                 
                        C6)alkylCF3;                                                                                                    

                                n is selected from 0, 1 or 2;                                                                           

                                R4 is selected from (C1-C3)alkyl or (C0-C3)alkylphenyl wherein said phenyl                              
                        moiety is substituted with 0, 1, 2, 3, 4 or 5 J moieties where J at each occurrence                             
                        is selected from halogen, (C1-C4)alkyl, NO2, CN, perfluoro(C1-C3)alkyl, OH, CF3,                                
                        (C2-C4)alkenyl, (C2-C4)alkynyl, or O-(C1-C4)alkyl;                                                              

                                R5 is phenyl wherein the phenyl group is substituted with 0, 1, 2, 3, 4 or 5 J                          
                        moieties where J is as in the definition of R4;                                                                 

                                R6 is selected from hydrogen and (C1-C3) alkyl;                                                         
                                R7 is selected from hydrogen and C(O)(C1-C3)alkyl, and                                                  
                        with the proviso that said compound is not 7-chloro-4-hydroxy-2-[1-(N-                                          
                        phenylcarbamoyl)ethyl]-1,2,5,10-tetrahydropyridazino[4,5-b]quinoline-1,10-                                      
                        dione, 7-chloro-4-hydroxy-2-cyclohexyl-1,2,5,10-tetrahydropyridazino[4,5-                                       
                        b]quinoline-1,10-dione, 7-chloro-4-hydroxy-2-(1-methylbenzyl)-1,2,5,10-                                         
                        tetrahydropyridazino[4,5-b]quinoline-1,10-dione, 7-chloro-4-hydroxy-2-(1-                                       
                        methylbutyl)-1,2,5,10-tetrahydropyridazino[4,5-b]quinoline-1,10-dione, 7-chloro-                                
                        4-hydroxy-2-(1-methyl-2-phenylethyl)-1,2,5,10-tetrahydropyridazino[4,5-                                         
                        b]quinoline-1,10-dione, or 7-chloro-4-hydroxy-2-(1,3-dimethylbutyl)-1,2,5,10-                                   
                        tetrahydropyridazino[4,5-b]quinoline-1,10-dione.                                                                
                                                 THE REFERENCE OF RECORD                                                                
                As evidence in support of the obviousness type double patenting rejection, the                                          
                examiner relies upon the following reference:                                                                           
                Bare et al. (Bare)                                  5,837,705                             Nov. 17, 1998                 
                                                                                                                                       







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