Appeal No. 2004-0245
Application 09/265,926
We find that Grinter would have reasonably disclosed to one of ordinary skill in this art
that the “R2” position of the purine derivative intermediate of formula (II) and of the purine
derivative intermediate of formulae (VI), the latter intermediate being decarboxylated to obtain
the purine derivative intermediate of formula (I) in sequence “(i),” can be defined as, inter alia,
“chloro” in each instance (page 5, lines 32-33, and page 7, lines 8 and 15-17).5 Indeed, Grinter
would have disclosed that the “X” substituent in the same position in the final product of formula
(A), can also be, inter alia, “chloro,” although “chloro” is not among the preferred substituents
for “X” (e.g., page 5, line 16, and page 7, line 2).
This disclosure alone would have reasonably suggested to one of ordinary skill in this art
that a chloro substituent can occupy the “6” position of any purine derivative intermediate up
through the end of the reaction scheme and remain in the final product as desired. In these
respects, Grinter would have further disclosed that during or at the end of sequence “(i),” “as
necessary or desired, interconverting variables R1, R2 and R3 to further values of R1, R2 and R3”
(page 6, lines 49-50), and that during or at the end of sequence “(ii),” “as necessary or desired
converting variable R2 in the compound of the formula (I) to variable X in the compound of
formula (A)” (id., lines 53-54). Indeed, Grinter discloses with respect to scheme “(i),” that “R2”
and “R3” of formula (II) are chloro and amino, respectively, and that when “R2” is chloro in
formula (VI), the intermediate “may be hydrogenolysed” to formula (VI) wherein “R2” is
hydrogen (page 7, lines 16-17, and page 7, lines 55-56). The latter is exemplified in Grinter
Description 12 and Grinter Example 3 (pages 15-16, and 17-18). We note here that appellant has
included “scheme 1” at page 5 of the specification with respect to these teachings of Grinter
(specification, page 1, lines 17-21).
With respect to scheme “(ii),” Grinter discloses that when “R2” is chloro in formula (I),
that is, a 6-chloro-purine derivative intermediate of formula (I), it can be reduced to obtain
compounds of formula (A) in which “X” in the same ring position is hydrogen (page 8, lines
29-31).
5 It is well settled that a reference stands for all of the specific teachings thereof as well as the
inferences one of ordinary skill in this art would have reasonably been expected to draw
therefrom, see In re Fritch, 972 F.2d 1260, 1264-65, 23 USPQ2d 1780, 1782-83 (Fed. Cir.
- 5 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007