THIS OPINION WAS NOT WRITTEN FOR PUBLICATION The opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board. Paper No. 30 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _______________ Ex parte GIANCARLO JOMMI and DARIO CHIARINO ______________ Appeal No. 95-4706 Application 08/070,8691 _______________ ON BRIEF _______________ Before RONALD H. SMITH, PAK and WARREN, Administrative Patent Judges. WARREN, Administrative Patent Judge. Decision on Appeal and Opinion This is an appeal under 35 U.S.C. ' 134 from the decision of the examiner refusing to allow claims 5 through 7 and 11, all of the claims now pending in the application.2 The claimed processes prepare certain 5-(4-substituted-phenyl)-oxazolidion-2-ones via the cyclization of certain 1-(4-substituted-phenyl)-2-alkoxycarbonylamino-propanes wherein the substituents on the phenyl moiety are methylthio, methylsulfoxy, methylsulfonyl or a nitro group. The 1 Application for patent filed June 3, 1993. According to appellants, this application is a division of application 07/841,075, filed February 25, 1992, now U.S. Patent 5,243,056 (>056 patent), issued September 7, 1993, which application is a division of application 07/162,247, filed February 29, 1988, now U.S. Patent 5,105,009 (>009 patent), issued April 14, 1992, which application is a continuation of application 06/616,086, filed June 1, 1984, now abandoned. 2 In the amendment of March 10, 1995 (Paper No. 23), appellants canceled claims 4 and 10, added claim 11 and amended claims 5 and 6 to depend on claim 11. - 1 -Page: 1 2 3 NextLast modified: November 3, 2007