Appeal No. 95-1999
Application No. 08/047,381
We next turn to the rejection over the Strüver reference.
We will not sustain the rejection of the examiner over
Strüver. Claim 39 requires the presence of an alpha aryl
styrene. We are in agreement with appellants’ arguments
presented at the Hearing that Strüver does not contemplate the
use of alpha aryl styrene as now required by claims 39 through
44. The styrene compounds generically taught by Strüver are
either substituted on the benzene nucleus or on the side chain
by C -C alkyl groups. See Strüver, column 2, lines 4-8 and
1 4
19-26. In order to come within the scope of claim 39, the
side chain would necessarily have to be substituted by an aryl
group. There is no such teaching or suggestion by Strüver.
Hence, no prima facie case of obviousness can be established.
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