Ex parte KNUPPEL et al. - Page 2




                 Appeal No. 1996-2042                                                                                                                   
                 Application No. 08/086,602                                                                                                             


                          This is an appeal pursuant to 35 U.S.C. § 134 from the                                                                        
                 final rejection of claim 12, the sole claim remaining in this                                                                          
                 application.                                                                                                                           
                          Claim 12 is                                           reproduced below:                                                       
                          12. The                                               compound 4-bromo-2,2-                                                   
                 difluorobenzodiox                                              ole of the formula                                                      







                          The reference of record relied upon by the examiner is:                                                                       
                 Kohl et al. (Kohl)               2                    DE 36 42 256 A1                              June 19,                            
                 1987                                                                                                                                   
                          Appealed claim 12 stands rejected under 35 U.S.C. §                                                                           
                 102(b) as “clearly anticipated” by Kohl.                                                                                               
                          We cannot sustain this rejection.                                                                                             
                          The subject matter on appeal is directed to a single                                                                          
                 compound, 4-bromo-2,2-difluorobenzodioxole, which compound is                                                                          
                 said to be especially useful as an intermediate for making                                                                             

                          2Our consideration of Kohl is based on the attached                                                                           
                 English translation.                                                                                                                   
                                                                           2                                                                            





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