The examiner relies on the following reference:
Bergeron, Jr. (Bergeron) 5,962,533 Oct. 5, 1999
GROUND OF REJECTION
Claims 1-7 stand rejected under 35 U.S.C. § 102(b) as anticipated by Bergeron.
We affirm.
DISCUSSION
Given its brevity we reproduce the examiner’s statement of the rejection in full:
Claims 1-7 are rejected under 35 U.S.C. 102(b) as being anticipated by 5,962,533
[Bergeron]. ‘533 discloses compositions (column 3, lines 59-60) comprising the instant
compound (column 4, Table 1, compounds 33 and 34) and that they are used to treat
diarrhea. Table 1, compounds 33-34 disclose a compound in which Q is a cyclohexyl
group connected as the trans isomer, R1 [sic] and R4 [sic] are CH2CH3 [sic], R2 [sic]
and R3 [sic] are H and x and y are 4. This corresponds to the compound of the
composition of claims 1, 2, 3 and 7 in which R1 [sic] and R4 [sic] are alkyl, R2 [sic] and
R3 [sic] are H, Q is a cyclohexyl group connected as the trans isomer and x and y are 4.
It is noted that appellant has not argued the specific limitations of dependent claim 4-6.
Furthermore, he recites on page 3 of the Brief that “The appealed claims stand or fall
together.”
As we understand the examiner’s statement, appellant’s claims are anticipated by compounds 33
and 34 as set forth in Table 1 of Bergeron. The examiner is correct in that Bergeron discloses
(column 3, lines 59-62), an “object of the invention [is] to provide novel pharmaceutical compositions
methods of treating human and non-human animals with the novel polyamine derivatives.” However,
contrary to the examiner’s assertion, according to Bergeron (column 3, line 65 through column 4, line
37, emphasis added):
The above and other objects are realized by the present invention, one embodiment of
which comprises polyamines having the formula:
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