Appeal No. 95-0865
Application 08/08/007,950
(1) a perfluoroalkane sulfonyloxy group,
(2) a nitro-substituted benzene sulfonyloxy group, or
(3) a fluorosylfonyloxy.
Bisacchi and Slusarchyk describe reaction of a purine in its
alkali salt form and a cyclobutane. Neither describes the use of
a purine in its tetraalkylammonium salt form.
Searcey describes the reaction of an imidazole in its
tetraalkylammonium salt form with compounds having leaving groups
which are halo groups.
The difficulty with the examiner's position is that there is
nothing in Searcey which would suggest that the imidazole in its
tetraalkylammonium salt form would also react with compounds
having leaving groups X called for by the claims. There is no
teaching in the combination of Bisacchi, Slusarchyk, and Searcey
which would show any interchangeability between the use of
purines in their alkali salt forms with purines in their
tetraalkylammonium salt forms. Thus, without something more, we2
regard the examiner's rejection to have been based on
impermissible hindsight. Compare In re McLaughlin, 443 F.2d
1392, 1395, 170 USPQ 209, 212 (CCPA 1971).
As will become apparent, infra, we found that "something more" in the2
teachings of Hagberg I, Ichikawa and Zahler.
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