Appeal No. 95-2603
Application 07/915,871
The examiner states that “Lehn teaches the claim
designated compounds as old and well known in combination with
carriers...” (answer, page 4). The examiner contradicts this
statement in the sentence bridging pages 8 and 9 of the answer
by stating that “Lehn fails to teach the bis compounds recited
in the instant claims”. Appellants note this inconsistency
and state that Lehn does not disclose the claimed active
ingredients (reply brief, pages 1-2).
Lehn discloses bicyclic compounds containing nitrogen but
fails to disclose or teach the bis compounds (which are two
rings linked together) called for by the claims on appeal.
The examiner has not pointed to any specific section of Lehn
showing or teaching the compounds contained in the claims on
appeal. Furthermore, Lehn teaches that the compounds of his
invention must contain an oxygen or sulfur atom in the
heterocyclic ring (column 3, lines 7-11) and no equivalency
has been suggested by Lehn or shown by the examiner for these
atoms and nitrogen.
and 8.
6
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