Appeal No. 1997-2184
Application 08/278,441
Accordingly, we reverse the examiner's rejection of the claims
as it is founded on Girard.
We also disagree with the examiner's characterization of
both the Shen '902 and Shen '852 disclosures that R and R may3 4
be "carb lower alkoxy which is -O-(CH ) -COOH". Rather, we
2 n
consider the described "carb lower alkoxy" groups to represent
the chemical moiety -C(O)-(lower alkoxy). Thus, each of the
Shen references discloses moieties which attach directly to
the indene moiety through the carboxy carbon terminus of the
"carb lower alkoxy" substituent and not via a "linking" group
as required by the claims. Accordingly, we reverse the
examiner's rejection of the claims as it is founded on either
Shen reference.
SUMMARY
The examiner's rejection of the claims under 35 U.S.C. §
112, second paragraph, is reversed.
The examiner's rejection of the claims as being
unpatentable under 35 U.S.C. § 103 is reversed.
REVERSED.
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