Interference No. 103,675
examiner, inter alia: objected to the designation of the application
as a "continuation"; rejected claims 19 through 30 under 35 U.S.C. §
112, first and second paragraphs; and, objected to the second
preliminary amendment under 35 U.S.C. § 132 on the grounds that it
contained "new matter" not disclosed in the originally filed
application.
In a response filed on April 19, 1993, Chen et al. responded
to the examiner's office action by canceling claims 24 through 26 and
28, all the claims directed to the cyclopropataxol derivatives and
intermediates useful for preparing the cyclopropataxol derivatives.
Chen et al. also traversed the examiner's various stated grounds of
rejection and objections and indicated that, nevertheless, a third
application, a continuation-in-part application, Serial Number
08/029,819 had been filed on March 11, 1993 "broadening the claims to
7,8-cyclopropataxols" while observing that "[c]laims to "-fluorotaxols
still remain in the application."
On May 5, 1993, the examiner mailed a Notice of
Allowability, indicating that claims 19 through 23, 27, 29 and 30 were
allowed and also mailed a Notice of Allowance and Issue Fee Due on the
same date. On August 8, 1993, Chen et al. filed an express abandonment
of the application.
THE INVOLVED CHEN PATENT
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