Ex Parte Esser et al - Page 23


                Appeal 2006-3252                                                                                 
                Application 09/536,728                                                                           

           1    Compare the Esser compound of Formula 2 with the Olson compound of                               
           2    Formula 6:                                                                                       
                                                                    H                                            
                                           H          H                                                          
                                                                    N                                            
                                     H                      N                                                    
                                                                     N                                           
                                           N          CH3            H                                           
           3                         H3C       CH3                                                               
           4                                       Formula 2                                                     
                                                                    H                                            
                                           H          H                                                          
                                                                    N                                            
                                     H                      N                                                    
                                                                     N                                           
                                           N          CH3            H                                           
                                     H2C       CH2                                                               
           5                           CH3     CH3                                                               
           6                                       Formula 6                                                     
           7           What reason is provided in the prior art for modifying the Olson of                       
           8    Formula 6 to replace two ethyl groups (―CH2CH3) with two methyl groups                           
           9    (―CH3)?                                                                                          
          10           A person having ordinary skill in the art would be taught by Olson                        
          11    that the R5 and R7 groups of the amino group at R3 can be hydrogen or lower                      
          12    alkyl having 1-3 carbon atoms.  Olson, col. 2:68.  A lower alkyl having 1-3                      
          13    carbon atoms include both methyl and an ethyl group.                                             

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