Appeal No. 2005-2381 Page 2
Application No. 09/944,209
in which A represents a bivalent group consisting of a linear carbon chain
formed from 4 to 8 carbon atoms, . . . and in which R3-NH represents an
amino acid or a peptide. . . . R3-NH is preferably an amino acid and more
preferentially an essential amino acid.
These new compounds constitute compounds with a structure similar to
that of dipeptides and can be used in particular in place of the
corresponding dipeptides, in particular as a source of essential amino
acids in parenteral human feeding or in animal feeding.
Page 8. (“Urein is understood to denote any compound whose molecular structure
contains the structure –NH-CO-NH-.” Page 1.)
Discussion
Claims 7, 11, 14, 15, and 17-27 are pending. The examiner has allowed claims
11, 14, 15, and 17 and objected to claims 19-21 as dependent on a rejected base claim.
The examiner has rejected claims 7, 18, and 22-27 for lack of adequate description in
the specification.
Claim 7 is representative of the rejected claims and reads as follows:
7. Nω-Carboxyalkylcarbamoyl-α,ω-diamino acids of general formula
in which A represents a bivalent group consisting of a linear carbon chain formed
from 4 to 8 carbon atoms, which chain is optionally substituted by one or a
number of groups chosen from C1 – C3 alkyl groups and functional groups
comprising at least one oxygen or sulphur atom and in which R3-NαH represents
an α-amino acid and Nα is a nitrogen atom attached to the α-carbon of the
α-amino acid.
The emphasized limitation is the one that the examiner finds to lack adequate
support in the specification. The examiner reasoned that “[t]he original ‘R3-NH’ moiety
is described at page 8, lines 23-24: ‘R3-NH is preferably an amino acid and more
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