Appeal No. 95-0966
Application 07/984,079
the Kobayashi reference relied upon by appellant. The examiner's position in the Answer, Page 8, that,
"(T)hese are reactants with nitro moieties , which are not present in the Andoh reference," conflicts with
the express teachings of Andoh, column 2, lines 22 and 23 of chloronitrobenzenes.
In contrast, appellant relies on the chart in Kobayashi, page 637 which discloses that CF side
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chains gave the corresponding benzonitriles, i.e. CN side chains, when reacted in the presence of
NaNH and ammonia. See Chart 1, and the reactions exemplified by the transformations of formula I
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to II and formula XI to XII respectively. The evidence submitted by appellant supports an expectation
that fluorinated side chains may not remain unreacted in the claimed process. Stated otherwise, we find
the evidence of record reveals that in carrying out an analogous prior art process, those of ordinary skill
would not have had a reasonable expectation of success as the fluorine present on the side chains
would have been expected to react. Accordingly, our evaluation of the record indicates that the
examiner has failed to establish a prima facie case of obviousness .
DECISION
The rejection of claims 1-6 as unpatentable over Andoh under 35 U.S.C. § 103 is reversed.
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