Ex parte MULLER - Page 2




                Appeal No. 95-0882                                                                                                            
                Application No. 08/024,571                                                                                                    

                         The subject matter on appeal relates to a process for                                                                
                preparing sulphonylurea salts by reacting a sulphonamide to form                                                              
                a sulphonamide salt which is then reacted with a carbamate                                                                    
                (urethane) to thereby yield the desired salt product.  This                                                                   
                appealed subject matter is adequately illustrated by independent                                                              
                claim 1, a copy of which taken from the appellant's brief is                                                                  
                appended to this decision.                                                                                                    
                         The following references are relied upon by the examiner as                                                          
                evidence of obviousness:                                                                                                      
                Föry et al. (Fory) 4,690,707                                       Sep.  1, 1987                                              
                Riebel et al.                     2,032,398                        Jun. 20, 1991                                              
                (Riebel) (Canada)                                                                                                             
                         Claims 1 through 8, 10 and 11  are rejected under 35 U.S.C.2                                                                    
                § 103 as being unpatentable over Fory in view of Riebel.                                                                      
                         We cannot sustain this rejection.                                                                                    
                         It is the examiner's basic position that Riebel would have                                                           
                suggested to one with ordinary skill in the art "replacing the                                                                
                intermediate sulphonamide [of Fory] with its salt and reacting it                                                             




                         2We note that the amendment correcting minor                                                                         
                informalities in dependent claims 3, 6 and 7 which accompanied                                                                
                the brief has not been clerically processed.  This oversight                                                                  
                should be corrected upon return of the application to the                                                                     
                jurisdiction of the examiner.                                                                                                 
                                                                      2                                                                       





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