Appeal 2006-3020
Application 10/109,374
methods of using the compounds. The Examiner has rejected claims 6-14
and 34-50 under 35 U.S.C. § 112, first and second paragraphs, and under
§ 103(a). The Examiner relies on the following references to support his
§ 103 rejection:
Dunn US 5,565,184 Nov. 22, 1994
Dereu US 5,366,982 Oct. 15, 1996
The Examiner also has rejected claims 6-14 and 34-49 based on
obviousness-type double patenting. We have jurisdiction under 35 U.S.C.
§ 6(b).
We reverse the § 112 rejections and affirm the § 103(a) and
obviousness-type double patenting rejections.
STATEMENT OF THE CASE
The field of the invention is “radiopharmaceuticals useful for the
diagnosis of infection and inflammation.” (Specification (“Spec.”) 1:
0001.2) The claimed subject matter is reflected in claim 39, reproduced
below:3
39. (Rejected and On Appeal) A compound comprising:
a) a Leukotriene B4 (LTB4) receptor binding moiety comprising
an aryl or heteroaryl alkyl ether;
b) a chelator; and
c) an optional linking group between the receptor binding moiety
and chelator;
or pharmaceutically acceptable salts thereof.
According to the Specification:
2 Citations to Appellants’ Specification are to Pub. No.: US 2003/0007927
A1 (published Jan. 9, 2003).
3 As Appellants do not separately argue the claims, we address each issue
with reference to claim 39.
2
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