Appeal 2006-3252
Application 09/536,728
H
R2 N
N
N
1 R1 R H
2 Formula 4b
3 As in the case of the numbered phenyl rings (Formula 5a and
4 Formula 5b), from a chemistry point of view, Formula 4b is an alternative
5 way of showing Formula 4a.
6 One compound described by Olson is "2-(3-diethylamino-2-
7 methyl)imidazolidine." Example 14, col. 15:50 through col. 16:2.
8 On page 2 of the Office Action entered 25 March 2003, the Examiner
9 notes that the name given the "compound" in Example 14 is not correct.
10 Instead, the Examiner found that Example 14 describes the
11 preparation of 2-(3-diethylamino-2-methylphenylimino)imidazolidine.
12 The Examiner repeated the finding on page 4 of the Examiner's
13 Answer entered 09 April 2004.
14 Esser did not challenge the Examiner's finding in either the Appeal
15 Brief filed 27 January 2004 or the Reply Brief filed 22 April 2004.
16 In any event, the Examiner's finding is supported by the evidence.
17 Olson describes modifying peracetylated 2-(2-methyl-3-nitro-
18 phenylimino)imidazolidine to convert the 3-nitro group to a 3-diethylamino
19 group—note the reference to the "diethylamino derivative". Col. 15:61.
20 We find, as did the Examiner, that a person skilled in the art would
21 have recognized that (1) the language "2-(3-diethylamino-2-
14
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