Appeal No. 95-4716
Application 08/124,227
Tetrathioalkyl Tetrathiafulvalene Derivatives," 33 Tetrahedron
Letters 3923-26 (1992)).
Upon consideration of the record, including APPELLANTS'
BRIEF ON APPEAL (Paper 13), the EXAMINER'S ANSWER (Paper 14) and
the REPLY BRIEF (Paper 15), it is
ORDERED that the decision of the examiner rejecting
claims 11-24 is reversed.
The prior art fails to describe or render obvious the first
step in independent claims 11 or 12 (treating 1,3,4,6-tetrathia-
pentalene-2,5-dione at a temperature of 30EC or lower in an
alcohol solution containing an alkali metal alkoxide in an inert
atmosphere to form 1,3-dithiolate dianion). Accordingly, the
claimed processes, as a whole, would not have been rendered
obvious by the prior art cited by the examiner. The examiner's
reliance (Examiner's Answer, page 4) on In re Durden, 763 F.2d
1406, 226 USPQ 359 (Fed. Cir. 1985) is misplaced. See In re
Ochiai, 71 F.3d 1565, 37 USPQ2d 1127 (Fed. Cir. 1995).
REVERSED
______________________________
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
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