Appeals 2006-1443 and 2006-1465
Reexamination Control Nos. 90/004,950 and 90/005,200
1 A process described in Ochiai ‘606 for making the cephems of claims 1 and 15 of
2 Ochiai ‘606 is reacting compound VI (col. 1, line 36) with compound V (col. 1, line 46).
3 See also (1) col. 2, lines 26-29 and (2) col. 6, line 55 through col. 7, line 62.
4 Compound VI of Ochiai ‘606 is the “Molecule” with the amino group of claim 1
5 on appeal.
6 Compound V is the compound with the acyl group of claim 1 on appeal.
7 The process described in Ochiai ‘606 for making cephems is the process of
8 claim 1 on appeal.
9 Ochiai ‘888
10 In view of the rationale for our affirmance, we find it unnecessary to make
11 detailed findings with respect to what is claimed and described in Ochiai ‘888.
12 Ochiai ‘888 has expired.
13 Ochiai ‘899
14 In view of the rationale for our affirmance, we find it unnecessary to make
15 detailed findings with respect to what is claimed and described in Ochiai ‘899.
16 Ochiai ‘899 has expired.
17 Other prior art cited by the Examiner
18 The Examiner cited prior art in support of one of the double patent rejections on
19 appeal.
20 In view of the rationale for affirmance, we find it unnecessary to discuss the cited
21 prior art.
22 Wuest Declaration
23 Appellants rely on declaration testimony of Dr. James D. Wuest (Ex 1001).
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