Appeal No. 2006-2573
Application No. 10/192,055
methyl group disclosed for the reference compound; or 4-
bromo in place of the 4-chloro disclosed for the reference
compound; etc.
Answer, pp. 8-9.
Moreover, even without the Kasahara reference’s teaching of
equivalency, the ordinary artisan in possession of the disclosed species II-36,
which has been specifically shown to have activity against apple scab by
Kasahara, would have immediately recognized that another halogen could be
substituted for the chloro on the phenyl ring, or that another lower alkyl
could be substituted for the methyl group on the pyridinyl, without loss of
fungicidal activity. A single such substitution would result in a compound
falling within Appellants’ genus.
Appellants other arguments are drawn to the use of the compound as a
CRF receptor ligand (Br. 5). The claims, however, are not drawn to a
method of use, but are drawn to a pharmaceutical composition (claim 1)
(which reads on the compound in vegetable oil or water, which are taught by
Kasahara), or the compound (claim 15).
5
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