Interference No. 103,675
reference the prior application, note the prior assignment and power
of attorney. Filed with the first preliminary amendment was an
Information Disclosure Statement. In the IDS (Paper Number 4), Chen et
al. represented that the originally filed application disclosed and
claimed mixtures of 7-fluorotaxol derivatives, specifically, mixtures
of 7-"- and 7-ß-fluorotaxols. According to the IDS, the inventors
discovered after filing their first application that:
what was once believed to be the ß-fluorotaxol
derivatives were actually cyclopropataxol
derivatives ...
Chen et al. concluded by indicating that their continuing
application "claims cyclopropataxol derivatives in addition to the 7-
"-fluorotaxol derivatives."
The second preliminary amendment canceled all the original
claims in the application and added new claims 19 through 30. Claims
24, 25 and 26 were claims directed to cyclopropataxol derivatives not
claimed or disclosed in the prior application and claim 28 was
directed to a cyclopropyl baccatin derivative neither claimed nor
disclosed in the prior application. Chen et al. filed an amendment on
March 10, 1993, correcting the formulae in claims 19, 24, 27 and 28 in
the second preliminary amendment filed on January 19, 1993.
In a first office action mailed on March 19, 1993, the
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