Appeal No. 95-3340
Application 07/939,172
or:
1 2
R and R are combined as a single
divalent radical which is a member
selected from the group consisting of -
N(NO )- and -N(NO )-CH -N(NO )-; and2 2 2 2
R is a member selected from the group3
consisting of NF , ONO , NO and N .2 2 2 3
All the claims stand or fall together. 37 C.F.R.
§ 1.192(c). (See Brief, page 4). Hence, we direct our attention
to claim 1 with respect to the rejections.
The references relied upon by the examiner are:
Rohrback et al. (Rohrback) 3,729,501 Apr. 24, 1973
Goldstein et al. (Goldstein) 4,118,414 Oct. 3, 1978
Hafner et al. (Hafner), J. Am. Chem. Soc., Vol. 79, No. 14,
pp. 3783-86 (1957).
Wenker, J. Am. Chem. Soc., Vol. 57, No. 6, pp. 1079-80 (1935).
Grakauskas et al. (Grakauskas), J. Org. Chem., Vol. 35, No. 5,
pp. 1545-49 (1970).
Claims 1-5 stand rejected under 35 U.S.C. § 103 as
unpatentable over Rohrback. Claims 1-5 also stand rejected under
35 U.S.C. § 103 as unpatentable over Rohrback in view of Hafner,
Wenker, Grakauskas and Goldstein. We reverse both rejections.
Opinion
The examiner indicates that claims 1-5 have only been
examined to the extent that they read on the elected species,
3
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