Appeal No. 95-4826
Application 08/141,752
next higher homologue above the single methyl group substituted
compound.
Appellants urge further that even in view of Austin's
disclosure of a disulfonate substitution on the pendent phenyl,
the Austin disulfonate would not be homologous to the claimed
structures because no guidance or motivation is given to attach
the methyls in a position ortho the the amino groups. Appellants
urge that a skilled chemist "might place methyls in a trans
format." Suffice it to say, the methyl homologues would be prima
facie obvious regardless of whether the methyl groups were placed
in the ortho or the trans positions. In either case they would
be expected to have similar properties and utilities as the dyes
disclosed by Austin. Moreover, as noted by the examiner, two of
the three possible positions would be ortho.
Appellants urge that "orthoalkylation is neither taught nor
suggested by the applied prior art." As noted above, Friedrich
teaches methyl substituents on the xanthene ring, and two of the
three possible positions for substitution are ortho. Plainly,
Friedrich suggests orthoalkylation.
Appellants also urge that sulfonation of the pendent phenyl
at the 4 position is neither taught nor suggested. We disagree
again. Preliminarily, it is noted that claim 14 permits
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