Appeal No. 94-3012
Application 07/851,853
and the quaternary nitrogen, and OH, OR (R=alkyl) or methylene
dioxy as [“]M” and “N” (as in the claim at hand).” Answer, p. 4.
In response, the appellants point to the criticality of the
hydrogen acid residue and argue that “[n]owhere do any of the
cited references suggest the use of hydrogen acid salts of the
claimed compounds or the improved storage stability obtained
thereby.” Brief, p. 4. The appellants rely on the declaration
of Mr. Suzuki to support their position. We concur with the
appellants’ arguments.
We find from a fair reading of all the references that they
do not even allude to the claim limitation of a hydrogen acid
residue. The examiner seems to have minimized the importance of
this limitation, without addressing the declaration, and argues
that “even if HSO anion lends better properties, such are within-
the prior art and are already in the public domain.” Answer, p.
5. In addition, the examiner alleges that the appellants have
not established that the MeSO anion taught by Hanaoka is not a4-
hydrogen acid residue. Id. However, in reviewing the references
relied on by the examiner it is difficult to discern on what
basis these conclusions were reached.
This is especially so in view of the definition of hydrogen
acid residues on p. 8 of the specification that “hydrogen acid
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