Appeal 2006-3252
Application 09/536,728
H
N
R N
N
1 H
2 Formula 10
3 where R is limited to the Markush Group:
4 (1) 2,6-dichloro-4-hydroxymethyl-phenyl;
5 (2) 2-chloro-4-methyl-5-amino-phenyl (the compound of Formula 7,
6 supra);
7 (3) 2,5-dichloro-4-methyl-phenyl;
8 (4) 2-chloro-4-methyl-5-nitro-phenyl;
9 (5) 2,3-dichloro-4-methyl-phenyl;
10 (6) 2-chloro-4-methyl-6-nitro-phenyl;
11 (7) 2-chloro-4-methyl-6-amino-phenyl;
12 (8) 2,4,6-trifluorophenyl;
13 (9) tetrafluorophenyl; or
14 (10) 3-bromo-4-fluoro-phenyl.
15
16 Stähle thus discloses ten compounds (although tetrafluorophenyl can
17 be considered a subgenus of compounds because there are four fluoro groups
18 and five positions on which a fluoro can be attached). The closest Stähle
19 compound is the compound of Formula 7, where the R includes a 5-amino
20 group [―NH2]—the compound identified in Markush member (2), supra.
21 The 6-amino compound identified in Markush member (7), supra, is not as
20
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