Ex parte JOMMI - Page 1






                                     THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                       
                                           The opinion in support of the decision being entered today                                                   
                                        (1) was not written for publication in a law journal and                                                        
                                   (2) is not binding precedent of the Board.                                                                           
                                                                                                           Paper No. 30                                 
                                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                                       
                                                                _______________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                            AND INTERFERENCES                                                                           
                                                                _______________                                                                         
                                                        Ex parte GIANCARLO JOMMI                                                                        
                                                             and DARIO CHIARINO                                                                         
                                                                 ______________                                                                         
                                                               Appeal No. 95-4706                                                                       
                                                              Application 08/070,8691                                                                   
                                                                _______________                                                                         
                                                                     ON BRIEF                                                                           
                                                                _______________                                                                         
                 Before RONALD H. SMITH, PAK and WARREN, Administrative Patent Judges.                                                                  
                 WARREN, Administrative Patent Judge.                                                                                                   
                                                        Decision on Appeal and Opinion                                                                  
                          This is an appeal under 35 U.S.C. ' 134 from the decision of the examiner refusing to allow                                   
                 claims 5 through 7 and 11, all of the claims now pending in the application.2                                                          
                          The claimed processes prepare certain 5-(4-substituted-phenyl)-oxazolidion-2-ones via the                                     
                 cyclization of certain 1-(4-substituted-phenyl)-2-alkoxycarbonylamino-propanes wherein the                                             
                 substituents on the phenyl moiety are methylthio, methylsulfoxy, methylsulfonyl or a nitro group.  The                                 
                                                                                                                                                       
                 1  Application for patent filed June 3, 1993. According to appellants, this application is a division of                               
                 application 07/841,075, filed February 25, 1992, now U.S. Patent 5,243,056 (>056 patent), issued                                       
                 September 7, 1993, which application is a division of application 07/162,247, filed February 29, 1988,                                 
                 now U.S. Patent 5,105,009 (>009 patent), issued April 14, 1992, which application is a continuation of                                 
                 application 06/616,086, filed June 1, 1984, now abandoned.                                                                             
                 2  In the amendment of March 10, 1995 (Paper No. 23), appellants canceled claims 4 and 10, added                                       
                 claim 11 and amended claims 5 and 6 to depend on claim 11.                                                                             

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