Appeal No. 2005-0978
Application No. 09/983,232
in neoplastic cells such as inter-alia, colon and prostate cancer cells with compounds
encompassed by Formula I of the present claim 1, or a pharmaceutically acceptable salt
thereof (see Summary of Invention; Figs. 20 and 25 and description thereof in Col. 8;
Col. 18, lines 3-8; and Experiment 1). Since Eilon et al. disclose the presently claimed
anti-cancer compounds and cancer cell treatment dosage (concentration),
encompassed by that which is presently claimed, it would be expected that growth
inhibition of the cancer cell(s) would also be realized.” Answer, page 3.
Appellants argue that “the Final Office Action fails to recognize that the Eilon
structure does not fall within the specification’s definition of ‘amido’ as it is defined in the
specification.” Brief, page 7. Appellant argues that, “[a]lthough the Eilon structure
contains an amido (-NH-) linkage, the Eilon structure includes additional structure which
removes it from Appellants’ definition of amido. If A4 were an unsubstituted amido
group, the scenario on the which the Final Office Action apparently relies, the resulting
compound would terminate with the amido radical...” Brief, pages 7-8. “Eilon,
however, does not describe or suggest such a compound.” Id. at 8.
Moreover, appellants argue (Brief, pages 8-9)
Included among the remaining A4 substituents in claim 51 are, ...
alkanoylamido, substituted amino (-NHR), and substituted amido (-NR’-).
None of the permitted A4 substituents in claim 51 reads on the Eilon
structure... The term “substituted amino” is defined in ¶ 0044 of the
specification as follows:
The term “substituted amino,” as used alone or in
combination herein, embraces both a mono and di-substituted
amino. These terms, alone or in combination, mean a radical of the
formula -NR’R”, where in the case of mono-substitution, one of R’
and R” is a hydrogen and the other is selected from alkyl,
cycloalkyl, aryl, heterocyclo, (aryl)alkyl, (heterocyclo)alkyl,
heteroaryl and hetero(aryl)alkyl; in the case of di-substitution, R’
3
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