Ex parte EHRGOTT et al. - Page 4




          Appeal No. 96-2721                                                          
          Application No. 08/148,764                                                  


          between the aryl group and the heterocyclic group is                        
          substantially different in the compounds of Kadin and Young                 
          (Young employs a Y substituent as a linking group between the               
          aryl and heterocyclic groups), and the compounds of Kadin have              
          only one non-carbon atom in the heterocyclic ring whereas the               
          compounds of Young have two non-carbon atoms in the                         
          heterocyclic ring (X  of Young is defined at column 3, lines4                                                       
          19 et seq.).                                                                
               In conclusion, based on the foregoing, the examiner's                  
          decision rejecting the appealed claims is reversed.                         
                                      REVERSED                                        



                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         JOAN ELLIS                    ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         TERRY J. OWENS                )                              
                         Administrative Patent Judge   )                              



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