Ex parte ARCHIBALD et al. - Page 5




          Appeal No. 95-3340                                                           
          Application  07/939,172                                                      
                    NF , and X, Y, and Z are selected from                             
                      2                                                                
                    the group consisting of NF , NO  and2   2                                   
                    ONO , with the proviso that the number                             
                       2                                                               
                    of NF  groups is at least equal to n,                              
                         2                                                             
                    but at least one NO  or ONO  group is2       2                                       
                    present.                                                           







                    The examiner has taken the position that one of                    
          ordinary skill in the art would select n as 1, M as -CH NF , X               
                                                                  2  2                 
          and Z as -ONO , and Y as -NF  in the Rohrback formula and arrive2             2                                                
          at the following formula                                                     


                              F N                                                      
                               2                                                       
                              CH2                                                      
                                       ONO2                                           
                              C  - C - C                                               
                         O NO                                                          
                          2                                                            
                              NF2                                                      


          This compound (hereinafter referred to as the proffered compound)            
          differs from that claimed in that the claimed compound, a                    
          quaternary compound, has a -CH - group between the central carbon            
                                        2                                              
          and the NF  whereas the proffered compound, a tertiary compound,             
                    2                                                                  
          has no such alkylene group, the NF  group is directly bonded to              
                                             2                                         
          the central carbon.  The examiner takes two positions with                   

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