应该是发/u/音
下面是马库什权利要求的由来，大家可以看看：
专利中的MARKUSH结构的起源
大致意思是：美国有个叫markush的人申请了 一堆具有相似结构的化合物的专利，审查员认为没有单一性将其驳回，然后美国专利局局长认为这些确实应该放在一个申请里，所以就允许了此申请。
【问题】
Date: Wed, 18 Nov 1998 10:58:08 +0100
From: \"Dr. Ulrich Jordis\"
Subject: Who knows the Reference to the original MARKUSH Patent?
To: CHMINF-L@LISTSERV.INDIANA.EDU
Who knows the Reference to the original MARKUSH Patent?
I understand, that the concept of open substructures termed \"Markush structures\" stems from a patent by Markush, who was the first inventor to get such a open structure patented.
Of course I could search the literature myself, but I thought that some listmembers know the answer off hand and that others might be interested to hear the answer! I would like to use it in my lecture.
....
Univ.Prof.Dr. Ulrich Jordis Prof.Dr.Ulrich Jordis
Institut fuer Organische Chemie Institute of Organic Chemistry
Technische Universitaet Wien Vienna Univ. of Technology (VUT)
Getreidemarkt 9/154
A-1060 Vienna / AUSTRIA
Tel: +43 (1) 58801.5013
Cellular: +43 664 1606176
FaxOffice: +43(1)586 6931 FaxHome: +43(1)3681 1645
【解决途径】
Date: Wed, 18 Nov 1998 07:08:27 -0500
From: \" iehler, Steve\"
Subject: Re: Who knows the Reference to the original MARKUSH Patent?
To: CHMINF-L@LISTSERV.INDIANA.EDU
JCICS, vol. 31, February 1991, contains several papers on the topic of storage and retrieval of Markush structures. One, by James F. Sibley, notes that Eugene Markush received patent US 1506316 in 1924 for a process for the manufacture of dyes.
Steve Piehler
spiehler@cas.org
-----------------------------------------------------------------------------
Date: Wed, 18 Nov 1998 08:32:08 -0500
From: Stuart M Kaback
Organization: Exxon R&E
Subject: Re: Who knows the Reference to the original MARKUSH Patent?
To: CHMINF-L@LISTSERV.INDIANA.EDU
I\'ve got the number buried somewhere in my office, and if nobody comes up with it I\'ll do a little digging, but in the meantime you should appreciate the fact that Markush didn\'t get the structure patented; the patent has PROCESS rather than PRODUCT claims.
Stu Kaback
-----------------------------------------------------------------------------
Date: Wed, 18 Nov 1998 08:28:44 -0600
From: \"Simmons, Edlyn, HMR/US\"
Subject: Re: Who knows the Reference to the original MARKUSH Patent?
To: CHMINF-L@LISTSERV.INDIANA.EDU
In fact, Markush didn\'t get his name attached to the Markush structure because his patent was so exceptional, but because his name was given to a landmark decision of the US Patent Office. There had already been patents with claims directed to any compound selected from a defined group, but a patent examiner stubbornly rejected Markush\'s claims, Markush appealed, and the Commissioner issued a published decision overruling the examiner and approving of that claim format. Future applicants argued for patentability on the basis of this precedent, and the name of the decision was forever attached to the format.
For the record, the Markush decision is Ex parte Markush, 340 OG. 839
(1924).
Edlyn Simmons
-----------------------------------------------------------------------------
Date: Wed, 18 Nov 1998 15:15:17 +0000
From: \"Dr John M. Barnard\"
Subject: Who knows the Reference to the original MARKUSH Patent?
Steve Piehler\'s comment on this refers to Jim Sibley\'s paper from an ACS symposium on Markush structures published in JCICS in 1991 (31(1) 5-9). Sadly, Jim Sibley died last week, but I was present at the symposium in question and remember the amusement he caused when discussing an over-broad Markush structure which effectively claimed \"a chain of assorted atoms stretching from Washington to Los Angeles with branches at every highway intersecion in between\", especially when it turned out that the examiner who had granted the patent in question was in the audience.
In a more recent contribution to the literature (Perspectives in Drug Discovery and Design, 7/8 13-30 (1997)), Geoff Downs and I refer to the history of Markush structures. The relevant paragraph reads:
\'The name Markush is derived from Dr Eugene A. Markush (1888-1968), a Hungarian-born chemist who migrated to the USA and founded the Pharma Chemical Corporation in New Jersey in 1919 [4]. In 1924 he filed a patent application in respect of a class of novel pyrolazone dyes [5], and following a legal argument over a US Patent Office regulation against claiming alternatives for an invention [6], he was obliged to re-phrase his claims using expressions of the form \"where R is a group selected from ...\".
[4] Obituary, New York Times, 22 April 1968
[5] Markush, E. A., U. S. Patent No. 1506316, August 26, 1924.
[6] Coulter, R. I.., J. Patent Office Soc., 33 (1951) 819-831.\'
It\'s worth noting (as Edlyn Simmons has) that Markush\'s 1924 patent was not the first to use a \"Markush\" structure. As Mike Lynch pointed out in 1984, that honour goes to Perkin who in 1856 patented the first aniline dye (Perkin\'s mauve) but his specification includes aniline, toluidine, xylidine and cumidine. (see C. Singer et al, eds. A History of Technology, OUP 1958, 267-279)
--
Dr John M. Barnard Barnard Chemical Information Ltd
Tel: +44 (0)114 233 3170 E-mail: barnard@BCI1.demon.co.uk
Fax: +44 (0)114 234 3415 Web: http://www.bci1.demon.co.uk
--- 46 Uppergate Road, Stannington, Sheffield S6 6BX, UK --- |
