Appeal No. 1996-2308
Application 08/179,008
claims 1, 3, 5, 7, 9, 12 and 13. Claim 6, which was omitted
from the final rejection, was added to the rejections in the
examiner’s answer. These are all of the claims remaining in2
the application.
THE INVENTION
Appellants claim a process for producing a chiral
compound having a recited formula. Appellants state that the
compound is useful as a hypocholesterolemic agent and as an
intermediate for the synthesis of penems (specification, page
1, lines 9-11). Claim 1 is illustrative and is appended to
this decision.
THE REJECTIONS
Claims 1, 3, 5-7, 9, 12 and 13 stand rejected under 35
U.S.C. § 112, first paragraph, for lack of enablement, and
under 35 U.S.C. § 112, second paragraph, for failing to
particularly point out and distinctly claim the invention.
OPINION
We have carefully considered all of the arguments
2 Because appellants include claim 6 in their discussion
of the rejections in their brief, we consider the rejections
of this claim as set forth in the answer to be before us.
2
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