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PTAB Restates That Not All Combinations Of Molecular Modifications Are Obvious - Intellectual Property


In a Patent Trial and Appeal Board (PTAB) decision issued on
April 16, 2021, in
Ex parte  Bhalla, Luthra, Reid I,
and Levason (Appeal 2021-001535, USSN 14/373,413), the PTAB was
presented with the issue of the obviousness of an imaging agent
comprising an 
18F-labelled compound of a formula
below, with the relevant moieties indicated. The main claim covered
a moderate genus of compounds
1, and was rejected over a
combination of three references.
The PTAB noted that the rejection of the main claims was
premised upon a primary reference which failed to describe the
ligands at position Y
1 and Y
2, which is
typified by the center structure above. The PTAB reported that ....

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