Appeal No. 1997-1301
Application No. 08/079,310
while Houlihan discloses these same substituents on the ortho
carbon of the benzyl ring (i.e., the 6-position; see the
Answer, paragraph bridging pages 3-4).
The examiner applies Reichmanis for the disclosure of
Scheme III on page 398 which sets forth the reaction mechanism
for photogeneration of sulfonic acid via a heterocyclic
intermediate (Answer, page 4). The examiner concludes that
[t]he presence of the electron withdrawing group
on the alpha carbon would also lead to increased steric
hindrance and increased electronic stabilization
during the light induced photoacid generation. . . .
The presence of the electron withdrawing group on
the alpha carbon would clearly lead to increased
steric hindrance of the nitro benzyl sulfonyl ester and
the intermediate compound with the heterocyclic ring. .
. .
The proximity of the electron withdrawing group
to the sulfonyl group would facilitate the cleavage of
the organosulfonyl acid leaving group. (Answer,
pages
4-5).
However, the examiner provides no convincing evidence or
reasoning to support his theory and thus his conclusion. In
re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA
1967)(“Where the legal conclusion of obviousness is not
supported by facts it cannot stand.”). The teachings of
Houlihan at col. 4, ll. 8-58 are directed to the effect of the
6
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