Appeal 2007-0539
Application 10/264,026
Ghisalberti describes a tricyclic diterpene containing the 3-epi-
pseudopterosin skeleton, isolated from an extract of the terrestrial plant
Eremophila serrulata. The 3-epi-pseudopterosin skeleton is also found in
sponges, and “[m]ore examples have [ ] been found in the pseudopterosins, a
class of anti-inflammatory and analgesic diterpene glycosides, produced by
the marine octocoral Pseudopterogorgia elisabethae” (Ghisalberti 2169).
According to Ghisalberti, the tricyclic diterpene from E. serrulata is “a
3-epimer of the aglycone derived from the pseudopterosins isolated from the
Bahamas collection of P. elisabethae” (id.).
Roussis describes anti-inflammatory pseudopterosins A-L, at least one
of which was pure enough to crystallize, isolated from extracts of P.
elisabethae (Roussis 4918, left-hand col.).
Look describes seco-pseudopterosins with anti-inflammatory and
analgesic activities, isolated from a Caribbean sea whip of the genus
Pseudopterogorgia (Look 3363). “Specimens of Pseudopterogorgia . . .
were extracted with chloroform and ethyl acetate. The combined extracts
were chromatographed over TLC grade silica gel and fractions containing
polar compounds were further fractionated by silica HPLC. Purification
yielded the seco-pseudopterosins A-D (1-4) as the major components of the
extract” (id. at 3365).
Mohammadi describes cosmetic compositions containing gorgonian
extract in a crosslinked silicone elastomer base (Mohammadi col. 1, l. 58 to
col. 2, l. 6).
The Examiner’s position is that “[t]he pseudopterosin compositions of
the instant claims are not . . . patentably distinct from those of the prior art”
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