Ex Parte Brookhart et al - Page 3



          Appeal No. 2005-2463                                                        
          Application No. 10/235,443                                                  


          wherein:                                                                    
               each X is an anion;                                                    
               n is 1, 2 or 3 so that the total number of negative charges on         
          said anion or anions is equal to the oxidation sate [sic: state] of         
          a Fe atom present in (1);                                                   
                R1, R2 and R3 are each independently hydrogen, hydrocarbyl,             
          substituted hydrocarbyl, or an inert functional group;                      
                R4 and R5 are each independently hydrogen, hydrocarbyl, an              
          inert functional group or substituted hydrocarbyl; and                      
                R9, R10, R11, R14, R15 and R16 are each independently hydrogen,            
          hydrocarbyl, an inert functional group or substituted hydrocarbyl;          
           R8 is a primary carbon group, a secondary carbon group or a                
          tertiary carbon group;                                                      
               and provided that:                                                     
               when R8 is a primary carbon group none, one or two of R12, R13         
          and R17 are primary carbon groups, and the remainder of R12, R13 and         
          R17 are hydrogen;                                                           
               when R8 is a secondary carbon group, none or one of R12, R13 and       
          R17 is a primary carbon group or a secondary carbon group and the           
          remainder of R12, R13, and R17 are hydrogen;                                
               when R8 is a tertiary carbon group all of R12, R13 and R14 are           
          hydrogen; and any two of R8, R9, R10, R11, R12, R13, R14, R15, R16 and R17        
          vicinal to one another, taken together may form a ring.                     
               The sole reference relied upon by the examiner is:                     
          Bennett 6,214,761 B1 Apr. 10, 2001                                          
                                     (effective filing date Dec. 17, 1996)            
               The sole rejection applied by the examiner against the claims          
          is based on the judicially-created doctrine of obviousness-type             
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