Ex parte SINGH et al. - Page 33




          Appeal No. 95-0865                                                           
          Application 08/08/007,950                                                    

               Claim 9 is rejected as being unpatentable over Bisacchi,                
          Slusarchyk, Searcey, Hagberg I, Ichikawa and Zahler.                         
               Claim 9 is believed to be unpatentable for the same reasons             
          that Claims 6-8 are unpatentable, it being further noted that                
          Hagberg I describes the use of R  groups, corresponding to7                                           
          applicants' Y  group, which may be iodo (page 16, line 10; page              
                       1                                                               
          12, lines 1-3 referring to Y; page 10, line 1 referring to X ;1               
          and page 9, lines 19-20 wherein X  can be "iodine (sic--iodo)").1                                          

                         g.   Claim 10                                                 
               We do not reject claim 10 because we have not been able to              
          find anything in the combination of Bisacchi, Slusarchyk,                    
          Searcey, Hagberg I, Ichikawa and Zahler which suggests the use of            
          an ammonium salt wherein R  is benzyl.  Our decision not to                  
                                    4                                                  
          reject claim 10 under 37 CFR § 1.196(b) is without prejudice to              
          the examiner citing and applying additional prior art which                  
          describes the use of an ammonium salt within the scope of claim              
          10.                                                                          

                         h.   Claim 11                                                 
               Claim 11 is rejected as being unpatentable over Bisacchi,               
          Slusarchyk, Searcey, Hagberg I, Ichikawa and Zahler.                         
               Claim 11 is believed to be unpatentable for the same                    
          reasons that Claims 6-9 are unpatentable.  Bisacchi describes (1)            
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