Appeal 2007-0686
Reexamination Control 90/004,812
Application 09/810,650
haloalkyl group, C alkenyl group, phenyl group,
2-10
substituted phenyl group (with substitutional group
of halogen atom, C straight-chain, branched or
1-10
cyclic alkyl group, C straight-chain or branched
1-10
alkoxy group, C haloalkyl group, nitro group,
1-10
nitrile group or amide group), aralkyl group or
substituted aralkyl group (with substitutional group
of halogen atom, C straight-chain, branched or
1-10
cyclic alkyl group, C straight-chain or branched
1-10
alkoxy group, C haloalkyl group, nitro group,
1-10
nitrile group or amide group).
Thus, R1 0and R 20 can independently be chosen from any of seven groups.
The Japanese application further discloses that R1 0and R chosen from the2
0
first group include "C1-10 alkyl groups such as methyl, ethyl, propyl, butyl,
amyl, hexyl, octyl and decyl group" (p. 14, ll. 5-10).
The Examiner contends that the definition of "alkyl" together with the
disclosure of the various groups that could define R10 and R 20 in the Japanese
application does not provide adequate written descriptive support for or
guidance toward the specific compound of claims 8 and 10 or for the
subgenus of claims 9 and 11 (Answer, para. bridging 11-12). Appellants
essentially argue that if the specifically claimed compounds of claims 8-11
are discernable from the disclosure of the Japanese application, the claims
are adequately supported ( Appeal Br. 9).
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