Appeal No. 1997-1965
Application No. 08/466,482
either disclose no utility whatsoever (Venkataratnam and Beilstein) or disclose that the
benzimidazoles in question are intermediates useful in preparing structurally distinct final
products (Raeymaekers, and Gevaert). Second, the examiner’s position to the contrary
notwithstanding, the compounds of the primary and secondary references are not “closely
related” in structure. Aikawa does not disclose or suggest benzoyl benzimidazoles or
reduction products thereof. Further, the compounds of Harsányi require sulfur at the 2-
position of the benzimidazole ring unlike the compounds disclosed by the primary
references (Raeymaekers, Venkataratnam, Gevaert, and Beilstein) which are relied on by
the examiner. In our judgment, therefore, a person having ordinary skill in the art would not
have attributed to the compounds of each primary reference the properties or utilities
disclosed by the secondary references.
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