Appeal No. 96-0724
Application No. 07/817,232
as claimed by them, which are useful antipsychotic agents or
intermediates used in the preparation thereof. See the
specification at page 4, lines 23-26. Given the fact that the
reaction products produced by the claimed processes herein are
known in the art, the examiner should determine whether or not
it would have been obvious to synthesize such products
utilizing reaction schemes as claimed. As a part of the
examiner’s analysis, the examiner should factually determine
whether or not the claimed starting substrates defined by
appealed claimed 1 are known or are obvious prior art
materials, consistent with the court’s analysis in Ochiai.
In summary, the examiner’s stated rejection of the
appealed claims is reversed, and this application is remanded
to the examiner for further consideration consistent with the
above remarks.
REVERSED AND REMANDED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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