Ex parte HUNG et al. - Page 9




          Appeal No. 96-0008                                                          
          Application 08/243,428                                                      


          appellants, Rozen et al. did not disclose the making of 1,1,2-              
          trifluro-1,5-hexadiene, which compound is used as the starting              
          material for one of the presently claimed compounds.  It is                 
          our understanding that the claimed epoxides are made by                     
          procedures found in Rozen et al. performed on starting                      
          materials disclosed in U.S. 5,015,790 and U.S. 5,043,490,                   
          which commonly-assigned patents are not available as prior art              
          to the present application (see page 9 of appellants' brief,                
          second paragraph, as well as the paragraph bridging pages 9                 
          and 10).                                                                    
               In conclusion, based on the foregoing, the examiner's                  
          decision rejecting the appealed claims is reversed.                         
                                      REVERSED                                        




                    EDWARD C. KIMLIN             )                                    
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    JOHN D. SMITH                )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    CHUNG K. PAK                 )                                    
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