Appeal 2007-0539
Application 10/264,026
VI. Claims 36, 44, and 45 under 35 U.S.C. § 102(b) as anticipated by
Look.8
VII. Claim 32 under 35 U.S.C. § 102(b) as anticipated by Jacobs I and
Jacobs II.
DISCUSSION
There is no dispute that the references relied on by the Examiner
describe pseudopterosins with anti-inflammatory, anti-proliferative, and
analgesic activity. For example, Jacobs II describes Pseudopterosin A, a
tricarboxylic diterpene glycoside, and “certain natural and synthetic
derivatives of Pseudopterosin A, along with their seco-analogs” (Jacobs II 2:
30-34). “The various naturally occurring pseudopterosin compounds are
isolated from [a] ‘crude extract’ [of Pseudopterogorgia] by a series of
sequential silica gel chromatographic techniques . . . [and] [t]he final
purification of the natural products is accomplished by high-performance
liquid chromatography” (id. at 7: 19-22 and 29-32). The purified
pseudopterosins and synthetic derivatives are incorporated into
“pharmaceutical compositions for use as anti-inflammatory agents, anti-
proliferative agents and/or analgesic agents” (id. at 4: 25-30 and 15: 2 to
26: 11). The disclosure of Jacobs I is similar.
7 Vassilios Roussis et al., New Antiinflammatory Pseudopterosins from the
Marine Octocoral Pseudopterogorgia elisabethae, 55 J. Org. Chem. 4916
(1990).
8 Sally A. Look and William Fenical, The Seco-Pseudopterosins, New Anti-
Inflammatory Diterpene-Glycosides from a Caribbean Gorgonian Octocoral
of the Genus Pseudopterogorgia, 43 Tetrahedron 3363 (1987).
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