Appeal 2006-3020
Application 10/109,374
heteroaryl alkyl ether’ limitation is supported by the disclosure of the
Applicants’ specification, including the exemplified structures.” (Id. at 30.)
§112 Support for the Claimed Invention
8. The Specification does not include the express language of claim
39. (See Spec. passim; see also Answer 3-4.)
9. The Specification discloses that in one embodiment, “the present
invention provides a novel reagent capable of direct transformation into a
radiopharmaceutical having a binding affinity for the LTB4 receptor of less
than 1000 nM.” (Spec. 2: 0013.)
10. As filed, claim 1 read: “A reagent capable of direct
transformation into a radiopharmaceutical having a binding affinity for the
LTB4 receptor of less than 1000 nM.” (Spec. 129.) Claim 1 was cancelled
by a preliminary amendment, dated March 26, 2002.
11. The aryl or heteroaryl alkyl ether moiety is described throughout
the Specification. (See, e.g., Spec. 13: 0337-39; 17: 0423 to 19: 0426;
25: 0509 to 126: 1087.)
12. The Specification identifies three preferred compounds having a
western end heteroaryl alkyl ether. (Spec. 15: 0388.)
13. The Specification discloses 89 working examples of specific
reagents, and substantially all these examples include an aryl or heteroaryl
alkyl ether moiety. (Spec. 25: 0509 to 126: 1086.)
The Prior Art and The Graham Factors
14. Dureu discloses compounds, including compounds having an aryl
alkyl ether moiety, which bind to LTB4 receptors and which are designed to
target inflammation. (See, e.g., Dureu, col. 3, ll. 19-48; Final Office Action
(“FOA”) 5; Answer 5.)
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: September 9, 2013