Appeals 2006-1443 and 2006-1465
Reexamination Control Nos. 90/004,950 and 90/005,200
1 Claim 1 of Ochiai ‘606 is directed, inter alia, to cephem compounds having a
2 particular formula (Ochiai, col. 38, line 67 through col. 39, line 24). See the (a) member
3 of the Markush group of claim 1.
4 The process of claim 1 on appeal can be used to make some of the cephems
5 covered by claim 1 of Ochiai ‘606, including cephems with a —C(=NR5)— group.
6 The method of claim 1 on appeal can be used to make the cephems of claim 1 of
7 Ochiai ‘606 at least when:
8 (1) R8 of Ochiai ‘216 claim 1 is hydrogen (—H);
9 (2) —CH(R2)— of Ochiai ‘606 is —C(═NR5)— and R5 is hydroxyl
10 (—OH);
11 (3) R3 of both claim 1 on appeal and Ochiai ‘606 is hydrogen or
12 methoxy (— OCH3); and
13 (4) R4 of both claim 1 on appeal and Ochiai ‘606 is hydrogen (—H)
14 or acetoxy.
15
16 Ochiai ‘606 claim 15 (1) is narrower than Ochiai ‘606 claim 1 and (2) is also
17 directed to cephem compounds which can be produced by the process of claim 1 on
18 appeal at least when:
19 (1) R9 of claim 15 of Ochiai ‘606 is amino (—NH2);
20 (2) R5 of claim 15 of Ochiai ‘606 and claim 1 on appeal are hydroxyl;
21 (3) R11 of claim 15 of Ochiai ‘606 and R3 of claim 1 on appeal are
22 hydrogen or methoxy; and
23 (4) R4 of claim 15 of Ochiai ‘606 and claim 1 on appeal are
24 hydrogen.
6
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