Appeal No. 2004-0351 Application No. 09/463,277 comprising group. Further details of this appealed subject matter are set forth in representative independent claim 1 which reads as follows: 1. A non-fluorescent label which is suitable for making a charge-transfer fluorescent probe having a donor- bridge-acceptor structure, characterized in that the label comprises a maleimide moiety and a donor-bridge-acceptor structure, wherein the bridge is an 8-azabicyclo [3,2,1] octane comprising group which leads to an all-trans orbital coupling of the donor and the acceptor, and the donor- bridge-acceptor structure has a higher energy charge- transfer emissive state when [sic, than]1 at least one non- emissive state of the part of the label comprising the maleimide moiety, which non-emissive state must have a higher energy that [sic, than]1 the charge-transfer emissive state of the donor-bridge-acceptor structure after coupling of the maleimide moiety to a suitable system. The references set forth below are relied upon by the examiner as evidence of obviousness: Krijnen et al. (Krijnen), “Effect of Through-Bond Interaction on Conformation and Structure of Some N-Arylpiperidone and N- Aryltropanone Derivatives,” J. A. Chem. Soc., 111(12), pp. 4433- 40 (1989). Verhey et al. (Verhey), “A fluorogenic charge-transfer polarity probe for the derivatization of thiols and amines,” New J. Chem., Vol. 20, pp. 809-14 (Jul. 8, 1996). All of the claims on appeal stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Verhey in view of Krijnen. 1These informalities have inadvertently developed due to typographical errors as revealed by a comparison of the original and amended versions of appealed claim 1. 2Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007