Ex Parte DALES - Page 1






                                       The opinion in support of the decision being entered                                          
                                  today was not written for publication and is not binding                                           
                                  precedent of the Board.                                                                            
                                                                                             Paper No. 26                            
                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                        _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                           
                                                     AND INTERFERENCES                                                               
                                                        _______________                                                              
                                        Ex parte JOHN ROBERT MANSFIELD DALES                                                         
                                                         ______________                                                              
                                                      Appeal No. 2004-0245                                                           
                                                      Application 09/265,926                                                         
                                                        _______________                                                              
                                                            ON BRIEF                                                                 
                                                        _______________                                                              
               Before WARREN, WALTZ and JEFFREY T. SMITH, Administrative Patent Judges.                                              
               WARREN, Administrative Patent Judge.                                                                                  
                                                        Decision on Appeal                                                           
                       This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally                             
               rejecting claims 5 through 7, 10 through 14 and 21, the only claims in the application.  The                          
               examiner has withdrawn the ground of rejection with respect to claims 14 and 21 (answer, pages                        
               2 and 6).  Thus, claims 5 through 7 and 10 through 13 remain for consideration on appeal.                             
                       Claim 10, a copy of which taken from appellant’s brief is appended to this decision, is                       
               illustrative of the process claims on appeal.  Claim 5, the sole product claim on appeal, reads:                      
               5.  2-amino-6-chloro-9-(methyl-2-carbomethoxybutanoate-4-yl)purine.                                                   
                       The appealed process claims 6, 7 and 10 through 13, as represented by claim 10, are                           
               drawn to process schemes comprising sequences of the stated reactions for synthesizing purine                         
               derivatives falling within formula (A), which encompasses the known nucleoside analogue                               


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