Appeals 2006-1443 and 2006-1465
Reexamination Control Nos. 90/004,950 and 90/005,200
1 The Ochiai ‘216 is based on a pre-GATT application and therefore enjoys a
2 17-year term.
3 The patent contains claims 1-5 that are reproduced in Appendix 1 of this opinion.
4 According to Appellants, “all claims stand or fall with *** claim 1” (Appeal
5 Brief, filed 2 September 2005, page 6). Accordingly, we select claim 1 as representative
6 of all of the appealed claims and confine our discussion to claim 1. 37 CFR
7 § 41.37(c)(1)(vii) (2005).
8 As is apparent from Appendix 1, Ochiai ‘216 claim 1 is directed to a method for
9 preparing organic “cephem” compounds having particular chemical structures.
10 We note that one feature of the cephem compound to be made by the process of
11 Ochiai ‘216 is the presence of a —C(=NR5)— group.
12 According to claim 1, the sole step in the process involves “introducing” (1) an
13 acyl group having a first particular chemical formula “into” (2) the amino group of a
14 “Molecule” having a second particular chemical formula.
15 The acyl group has a structure that includes, e.g., (1) a —COOH group or
16 (2) a —COO-+salt (e.g., Na+) group.
17 The “Molecule” mentioned in claim 1 on appeal has an amino group, i.e., a
18 chemical group having a structure which includes —NH2.
19 It is known in the art that a compound with an acyl group can be made to react
20 with a molecule having an amino group to form an “amide”, e.g., the reaction:
21 R—COOH + H2N—R’ ——► R—CONH—R’ + H2O.
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