Appeal No. 95-4358
Application No. 08/052,212
appellants' squaric acid derivatives of formula II of claim 1.
However, the examiner urges that the reactive portions of
Gravesteijn and Detty's compounds are identical to the
reactive portions of appellants' compounds. Essentially, it
is the examiner's position that the references teach the
generic process of preparing a squarylium compound, but do not
teach the specific squaric acid derivatives of formula II of
claim 1. On pages 5 and 6 of the Answer, the examiner shows
how the process of Gravesteijn would yield a squaric acid
derivative of formula II of claim 1 as a non-isolated
intermediate. This, in our view, is not sufficient to show
that the claimed process is obvious since Gravesteijn does not
recognize or isolate the intermediate. Cf. Pfizer, Inc. v.
International Rectifier Corp., 545 F.Supp. 486, 508, 207 USPQ
397, 414 (C.D. Cal. 1980), aff'd. 685 F.2d 357, 217 USPQ 39
(9th Cir. 1982).
REVERSED
MICHAEL SOFOCLEOUS )
Administrative Patent Judge )
)
)
)
BRADLEY R. GARRIS ) BOARD OF PATENT
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