Appeal No. 95-4826
Application 08/141,752
This is an appeal from the final rejection of claims 14 and
16. Claims 9, 11-13 and 15 stand allowed, and claims 1-8 and 10
have been cancelled.
The subject matter relates to compounds useful as water
soluble laser dyes. Copies of appealed claims 14 and 16 are
attached in the appendix to this decision.
The references relied on by the examiner are:
Austin et al. (Austin) 3,956,300 May 11, 1976
Friedrich et al. (Friedrich) 4,256,882 Mar. 17, 1981
Claims 14 and 16 stand rejected under 35 U.S.C. § 103 as
unpatentable over Austin. Further, claims 14 and 16 stand
rejected under 35 U.S.C. § 103 as unpatentable over Friedrich.
We have carefully considered the entire record, including
appellants' position as set forth in their briefs, and the
examiner's position, as set in his answers, and we have decided
that we will affirm the examiner's rejections. Since we are in
substantial agreement with the examiner's position as set forth
in his answers, we adopt his position as our own.
As noted by the examiner, Austin discloses xanthene
dyestuffs (column 1, lines 4-65) of formula (1), in which R and2
3 1 4
R may be H, R and R may be sulphoethyl, and phenyl ring A may
be substituted by a sulfonic acid group. The dyestuffs thus
disclosed by Austin differ from the dyes set forth in claim 14 in
2
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