Appeal No. 2003-0919 Page 9
Application No. 09/463,097
Second, the principle of law enunciated in Ex parte Hartop, 139 USPQ 525 (Bd.
App. 1962) has been substantially discredited in In re Cofer, 354 F.2d 664, 667-68, 148
USPQ 268, 270-71 (CCPA 1966).
Third, on this record, the examiner has not adequately explained how a person
having ordinary skill would have been led from "here to there," i.e., from the
methanesulfonic acid addition salt of imatinib to the non-hygroscopic or $-crystalline
form of that compound recited in the appealed claims.
The rejection under 35 U.S.C. § 103(a) is reversed.
Conclusion
In conclusion, for the reasons set forth, we do not sustain the examiner's
rejections 35 U.S.C. § 112, second paragraph; 35 U.S.C. § 112, first paragraph;
35 U.S.C. § 102(b); or 35 U.S.C. § 103(a).
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