1. Claims 37-72 are pending on appeal (Appeal Brief,
Paper 11, page 2 and Appendix).
2. According to applicants, "[f]or the purpose of
this appeal only, the claims stand or fall together for each
ground of rejection ***" (Appeal Brief, page 2).
3. Pursuant to 37 CFR § 1.192(c)(7)(2002), we
select independent claim 37 and decide the appeal solely on the
basis of claim 37.
4. Claim 37 reads as follows:
A pharmaceutical composition which comprises:
(i) an effective amount of a heterocyclic compound
having one nitrogen heteroatom, which has a
substituent attached to said nitrogen [hetero]atom
of the heterocyclic ring,2 which is )C(W))C)(Y)),
wherein W and Y are independently
selected from the group consisting of O [oxygen],
S [sulfur], CH2, and H2,
and which compound is additionally
substituted with a thioester or ketone substituent
attached to any carbon atom of the heterocyclic
ring,3
provided that said thioester or ketone
substituent is not an N-oxide of said thioester or
ketone substituent; and
(ii) a pharmaceutically acceptable carrier.
2 Strictly speaking, there is no antecedent for the language "the
heterocyclic ring". Moreover, the language would appear to be unnecessary
since "said nitrogen [hetero]atom" necessarily refers to "one nitrogen
heteroatom".
3 With respect to the language "the heterocyclic ring", see n.2.
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