Appeal No. 2006-2861
Application No. 10/007,272
Additional Issue Under §103(a)
As noted above, Appellants recrystallized Chamberlain’s 5,6-
dichloro-2-(isopropylamino)-1-ß-L-ribofuranosyl-1H-benzimidazole from
methanol and water or methanol and toluene, solvents commonly used to
recrystallize and thereby purify organic compounds. Thus, even if
Chamberlain’s composition does not inherently anticipate the presently
claimed crystalline forms, it seems to me it would have been obvious to the
skilled artisan to recrystallize Chamberlain’s compound from such solvents
in order to further purify it (and likely make it more crystalline).
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) BOARD OF PATENT
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) APPEALS AND
Nancy J. Linck )
Administrative Patent Judge ) INTERFERENCES
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